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 - Elements - Likelihood Of Confusion - Factor
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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.
These factors include the strength of the mark, the proximity of the goods, the similarity of the marks, evidence of actual confusion, the marketing channels used, the types of goods, the degree of care likely to be exercised by the purchaser, the defendant's intent in selecting the allegedly infringing mark and the
What is Likelihood of Confusion? Likelihood of confusion is a part of a proving trademark infringement. It means that the public is likely to confuse your mark and the mark of another business.
The CAFC stated that under a dilution claim, fame either exists or does not exist; it is an all or nothing test. In contrast, under likelihood of confusion, fame is measured along a spectrum from very weak to very strong.
"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;
Strength as a Factor for Evaluating Likelihood of Confusion How strongly the plaintiff's trademark indicates that the goods or services come from a particular source is an important factor to consider in determining whether the trademark used by the defendant is likely to create confusion with the plaintiff's mark.
Eight Factors for Likelihood of Confusion Strength of the Senior Mark.Relatedness of the Products.Similarity of the Marks.Evidence of Actual Confusion.Marketing Channels Used.The Degree of Purchaser Care.The Intent of the Defendant in Selecting the Mark.Likelihood of Expansion of the Product Lines.