The Business of Creativity

Houchin Consulting PLLC

TM Infringement Test Generally

Posted on | April 6, 2006 | No Comments

The test for trademark infringement is whether the defendant’s use of the trademark is likely to cause an appreicable number of consumers to be confused about the source of the goods and/or services, thinking that they come from, are affiliated with, or endorsed or sponsored by the plaintif.  There are basically 12 factors to this test that must be balanced – I’m not going into those here.

In determining the likelihood of confusion, the court will NOT assume that consumers would have the opportunity to make sid-by-side comparson of the marks

One of the biggest factors is that element of being confused as even the product being endorsed or sponsored by the plaintiff…

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