Questions

How do you prove the likelihood of confusion?

Standard

How do you prove the likelihood of confusion?

The three evidentiary mechanisms that can be used to prove a likelihood of confusion consist of: (1) survey evidence; (2) evidence of actual confusion; and/or (3) a judicial comparison of the marks in the context of their use. Evidence of actual confusion serves as strong proof of likelihood of confusion.

What is the likelihood of confusion?

Likelihood of confusion exists between trademarks when the marks are so similar and the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source.

What is the Sleekcraft test?

(15 U.S.C. ยงยง 1114(1) and 1125(a)) You must consider whether the defendant’s use of the trademark is likely to cause confusion about the source of the plaintiff’s or the defendant’s goods.

How do you prove a trademark is confusion?

Similarity of the marks. The more similarity between the two marks, the more likely the confusion. Similarity of the products or services. The more that the senior and junior user’s goods or services are related, the more likely the confusion.

Which test is likely to be used in order to determine if there is confusing similarity between infringing trademarks concerning low priced goods?

The Dominancy Test
The Dominancy Test focuses on the similarity of the prevalent or dominant features of the competing trademarks that might cause confusion, mistake, and deception in the mind of the purchasing public.

What are the factors the court will consider in determining likelihood of confusion for trademark infringement?

“Likelihood of confusion”

  • the strength of the trademark owner’s mark;
  • the degree of similarity between the trademark owner’s mark and the allegedly infringing mark;
  • evidence of actual consumer confusion;
  • the marketing channels used;

What are the 8 Sleekcraft factors?

This court considers eight non-exhaustive factors, known as the Sleekcraft factors, to determine whether a trademark use gives rise to a likelihood of confusion: (1) strength of the mark(s); (2) proximity or relatedness of the goods; (3) similarity of the marks; (4) evidence of actual confusion; (5) marketing channels; …

What are the Dupont factors?

What are the du Pont Factors?

  • The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation, and commercial impression.
  • The similarity or dissimilarity and nature of the goods . . . described in an application or registration or in connection with which a prior mark is in use.

What is evidence of actual confusion?

A. The Presence of Actual Confusion Evidence. Probative evidence of actual confusion is, without question, highly relevant to the issue of whether confusion between two. in adopting his mark; (7) the existence of actual confusion; and (8) the degree of care exercised by purchasers in making their purchasing decision.

What is the dominancy test?

The dominancy test focuses on the similarity of the prevalent or dominant features of the competing trademarks that might cause confusion, mistake, and deception in the mind of the purchasing public.

What is the difference between dominancy test and holistic test?

The dominancy test focuses on the similarity of the prevalent features of the competing trademarks that might cause confusion or deception. In contrast, the holistic test considers the entirety of the marks as applied to the products, including labels and packaging.

What factors does a court look at to determine whether there’s been infringement?

There are eight factors that courts look at to determine whether there is a likelihood of confusion:

  • The similarity in impression of the two marks, including appearance, meaning, or phonetic similarity;
  • The similarity of goods or services;
  • The strength of your mark;
  • The evidence of actual confusion;