This assignment is mandatory, but ungraded.
The Lanham Act uses the phrase "likely to cause confusion" multiple times, but does not define it. Courts' multi-factor tests for assessing likelihood of confusion have attracted widespread criticism as poor vehicles for determining whether confusion is in fact likely.
Draft a definition of "likely to cause confusion." Your definition should guide courts and trademark examiners seeking to determine whether confusion is likely, by articulating who should be likely to be confused, by what, and about what, in order to meet the statutory definition. Do not incorporate or restate any of the multi-factor likelihood of confusion tests applied by courts. You may work alone, or in teams of two, three, or four.
Your draft must reflect actual statutory language. Do not explain what it is you are trying to do -- the effect and intent of your definition should be clear from the statutory language that you propose. You should anticipate that the language of your draft may be displayed to the entire class, and that one or more of your classmates will be asked to explain how your definition would change the statute, and then criticize its weaknesses and praise its strengths.
Do not include your name anywhere on the assignment. Make up an arbitrary five-digit number for your amendment. Type the number at the top of the page. Save your assignment as a pdf file under a filename of your five-digit-number.pdf. Upload a copy of your pdf file as your answer to this Qualtrics survey question by 12:00 pm on Wednesday, November 13. Your upload will be anonymous. Print out a copy of your assignment and bring it with you to class on Friday, November 15. If you are working in a team, make sure that every member of the team brings a copy to Friday's class. You should each save another copy for your own reference.