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3 Cards in this Set

  • Front
  • Back
Trademark

What is a "likelihood of confusion?" Or, in other words, how do you prove up a claim of trademark confusion?
Show that there is a likelihood that an appreciable number of ordinarily prudent purchasers are likely to be misled/confused as to the source of the goods in question
Trademark

What are the 8 factors (Polaroid Test) that claims for infringement are analyzed under?
(1) Strength of the Mark
(2) Degree of Similarity between the marks
(3) Proximity of Products
(4) Bridging the Gap
(5) Actual Confusion
(6) Bad Faith
(7) Quality of Products
(8) Consumer Sophistication
Trademark

What is a trademark?
What does it do?
A trademark is protected by federal law against infringement by use of colorable imitations of the mark which are likely to cause confusion, mistake, or deceit.