The Psychology Of Trademark Confusion: A Behavioural Approach To Consumer Protection And Brand Protection
- IJLLR Journal
- 53 minutes ago
- 1 min read
Abu Hena Mustafa Kamal, South Calcutta Law College, University of Calcutta
ABSTRACT
Trademark law is fundamentally concerned with preventing consumer confusion, yet confusion itself is deeply rooted in human cognition and behaviour. Consumers rarely evaluate competing trademarks through meticulous legal comparison; instead, they rely on memory, perception, recognition, association, and cognitive shortcuts when making purchasing decisions. This article examines trademark confusion through a behavioural lens, connecting the Indian legal standard of the “average consumer” and “imperfect recollection” with contemporary insights from consumer psychology. Through an analysis of leading decisions including Amritdhara Pharmacy v. Satya Deo Gupta, Parle Products (P) Ltd. v. J.P. & Co., and Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd., it explores how phonetic similarity, visual resemblance, brand familiarity, first impressions, and purchasing context influence consumer decision-making. The article further considers how digital marketplaces and algorithm-driven consumer interactions are reshaping the traditional landscape of trademark confusion. It argues that trademark law serves a dual purpose: protecting the goodwill and distinctiveness of brands while safeguarding consumers from misleading commercial associations. Ultimately, the article advocates a more context- sensitive and behaviourally informed understanding of the “average consumer,” demonstrating that understanding why consumers become confused is indispensable to determining when the law should intervene.
