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I see it on products that look similar to others. Is there an authority that checks new products and decides that people will get confused with other products? Why not just require them to change the packaging?

Here is an example:

https://shop.riteaid.com/rite-aid-shampoo-dandruff-medicated-formula-11-oz-325-ml-0325336

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2

There isn't an authority that checks this stuff in advance: one way to know that you have infringed on somebody else's trademark is when you get served with legal papers telling you that you're being sued. Since the bottle looks like Selsun Blue's bottle and the add says "Compare to active ingredient of Selsun Blue Medicated Dandruff Shampoo", then you might maybe think this is some version of Selsun Blue. Presumably someone in their legal department pointed out the danger.

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  • But they can't just make almost exact clone of another product packaging and put a little disclaimer in the back, can they? – Ronen Festinger Oct 22 '16 at 18:49
  • You mean with no risk? Probably not: hopefully the guys in legal did their homework. The disclaimer significantly helps defeat the basis of trademark protection – customers should not be confused by the similarity. This is a judgment call, and could involve an understanding with Chattem (since Rite-Aid also sells SB). – user6726 Oct 22 '16 at 19:48

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