Nashville Intellectual Property Attorney
by Noah McPike on November 16, 2009
in nashville attorney
Nashville Intellectual Property Attorney
The standard by which trademark infringement is proven is “likelihood of confusion.” More specifically, a likelihood of confusion is present if potential consumers will likely be confused or mistaken about the origin of a product or service or as to the sponsorship or approval of such. To analyze whether a particular situation has developed the requisite “likelihood of confusion,” courts have generally looked at the following factors:
1. The similarity in the overall impression created by the two marks;
2. The similarities of the goods and services involved;
3. The strength of the plaintiff’s mark;
4. Any evidence of actual confusion by consumers;
5. The intent of the defendant in adopting its mark;
6. The physical proximity of the goods in the retail marketplace;
7. The degree of care likely to be exercised by the consumer; and
8. The likelihood of expansion of the product lines.
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