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Originally posted by Sava
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Trademark infringement is measured by the so-called "likelihood of confusion" test. A new trademark will infringe on an existing one if the new one is so similar to the original that consumers are likely to confuse the two marks, and mistakenly purchase from the wrong company.[3]
The likelihood of confusion test turns on several factors,[3] including:
Strength of the plaintiff's trademark
Degree of similarity between the two marks at issue
Similarity of the goods and services at issue
Evidence of actual confusion
Purchaser sophistication
Quality of the defendant's goods or services
Whether the defendant's attempt to register the trademark was bona fide (in good faith).
This multi-factor test was articulated by Judge Henry Friendly in Polaroid v. Polarad.[3] and are often referred to as the "Polaroid Factors."
Note that other factors may also be considered in determining whether a likelihood of confusion exists. "Even this extensive catalogue does not exhaust the possibilities — the court may have to take still other variables into account."[3]
The likelihood of confusion test turns on several factors,[3] including:
Strength of the plaintiff's trademark
Degree of similarity between the two marks at issue
Similarity of the goods and services at issue
Evidence of actual confusion
Purchaser sophistication
Quality of the defendant's goods or services
Whether the defendant's attempt to register the trademark was bona fide (in good faith).
This multi-factor test was articulated by Judge Henry Friendly in Polaroid v. Polarad.[3] and are often referred to as the "Polaroid Factors."
Note that other factors may also be considered in determining whether a likelihood of confusion exists. "Even this extensive catalogue does not exhaust the possibilities — the court may have to take still other variables into account."[3]
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