13.1.2.3 Infringement - Elements - Likelihood Of Confusion - Factor

• Category: Federal - Jury Instructions - 7th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-7THCIR-13-1-2-3
• Format: Word

Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 13.1.2.3 Infringement — Element— - Likelihood Of Confusion - Factor is a legal term which refers to a factor used to determine whether someone is infringing on another’s trademark. It is one of the four elements used in trademark infringement cases which must be proven in order for liability to be established. The four elements are: (1) the mark is valid and legally protectable; (2) the defendant is actually using the mark; (3) the defendant’s use of the mark is likely to cause confusion among consumers; and (4) the plaintiff has been or is likely to be damaged by the defendant’s use of the mark. The likelihood of confusion factor is a way of evaluating if there is a risk of the public being confused by the defendant’s use of the mark. It involves examining the similarities between the marks in question, the degree of similarity between the goods and services associated with the marks, the similarity of marketing channels used, and the degree of consumer care.

13.1.2.3 Infringement — Element— - Likelihood Of Confusion - Factor is a legal term which refers to a factor used to determine whether someone is infringing on another’s trademark. It is one of the four elements used in trademark infringement cases which must be proven in order for liability to be established. The four elements are: (1) the mark is valid and legally protectable; (2) the defendant is actually using the mark; (3) the defendant’s use of the mark is likely to cause confusion among consumers; and (4) the plaintiff has been or is likely to be damaged by the defendant’s use of the mark. The likelihood of confusion factor is a way of evaluating if there is a risk of the public being confused by the defendant’s use of the mark. It involves examining the similarities between the marks in question, the degree of similarity between the goods and services associated with the marks, the similarity of marketing channels used, and the degree of consumer care.