Evidence of actual confusion is a prerequisite for the plaintiff to recover in a trademark infringement action, as in the case of Toys "R" Us, Inc. v. Canarsie Kiddie Shop, Inc.

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Evidence of actual confusion is not a prerequisite for a plaintiff to recover in a trademark infringement action. Courts consider actual confusion as strong evidence of likelihood of confusion, but the plaintiff can still prevail by demonstrating that the defendant's use of the mark is likely to cause confusion among consumers about the source of the goods or services.

Evidence of Actual Confusion Is a Prerequisite for the Plaintiff