Why Are These Identical Logos Not An Infringement? Case Study: Orange Theory vs. HubSpot

Why are these identical or nearly identical logos not a trademark infringement? Today we're looking at a case study between HubSpot and Orange Theory. These two logos, even though they look like they're nearly identical, aren't actually a trademark infringement.

You have trademark infringement when you have a likelihood of consumer confusion between one party's goods and another party's goods. It depends on what the goods and services are. If consumers in the marketplace are used to seeing the same two types of goods come from the same company, the same source, then we say that those two things are are confusingly similar, and then we have a trademark infringement.

But when the goods and services are not "related" or identical, even if the marks are the same, there is no trademark infringement.

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