15.18 Infringement-Likelihood of Confusion-Factors-Sleekcraft Test is a legal test used to evaluate the likelihood of confusion in trademark infringement cases. It is also known as the Sleek craft analysis or the Polaroid test. The test was established by the U.S. Supreme Court in the 1979 case of Linwood Laboratories, Inc. v. Ives Laboratories, Inc. The test is based on eight factors that consider the similarities and differences between the marks, the strength of the marks, the similarity of the goods and services, the marketing channels used, the degree of care exercised by customers, the defendants’ intent in selecting the mark, and the likelihood of expansion into related markets. There are two types of 15.18 Infringement-Likelihood of Confusion-Factors-Sleekcraft Tests: the ‘likelihood of confusion’ test and the ‘dilution’ test. The former is used to determine if a mark is likely to be confused with another mark used in commerce, while the latter is used to determine if a mark will be weakened or diluted through unauthorized use.
15.18 Infringement-Likelihood of Confusion-Factors-Sleekcraft Test
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FAQ
The eight factors articulated by the Ninth Circuit to be weighed in determining the likelihood of consumer confusion in trademark-infringement cases: (1) the strength of the mark, (2) the proximity of the goods, (3) the similarity of the marks, (4) evidence of actual confusion, (5) the marketing channels used to
"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;
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
The Lapp test is the standard used to determine whether a likelihood of confusion exists between two trademarks. Under the Lanham Act, liability for trademark infringement is essentially based on a finding that the use of one trademark causes a likelihood of confusion with another previously established trademark.
(15 U.S.C. §§ 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.
For example, in the Second Circuit, a court considers the Polaroid Factors: ?(1) the strength of the plaintiff's mark; (2) the degree of similarity between the two marks; (3) the proximity of the products; (4) the likelihood that the owner will bridge the gap; (5) evidence of actual confusion; (6) defendant's good
The eight factors articulated by the Ninth Circuit to be weighed in determining the likelihood of consumer confusion in trademark-infringement cases: (1) the strength of the mark, (2) the proximity of the goods, (3) the similarity of the marks, (4) evidence of actual confusion, (5) the marketing channels used to
§ 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.