Trademark Law and Practice

Likelihood of Confusion

Class Info

Law School: Liberty University School of Law

Course ID: LAW 783

Term: Summer 2018

Instructor: Prof. Connors

My Grade Earned: B+

Books Used
  • Intellectual Property: Law & the Information Society by James Boyle & Jennifer Jenkins

Each circuit has its own test to determine the likelihood of confusion.

There are some factors that are common to most of these tests however:

  • Similarity of the marks
  • Proximity of the goods or services
    • Whether the products are sufficiently related in the mind of the consumer
  • Strength of the plaintiff's mark
  • Actual confusion
  • Defendant's intent