What are the Polaroid factors?
For example, in the Second Circuit, a court considers the Polaroid Factors: “(1) the strength of the plaintiff’s mark; (2) the degree of similarity between the two marks; (3) the proximity of the products; (4) the likelihood that the owner will bridge the gap; (5) evidence of actual confusion; (6) defendant’s good …
What are the Dupont factors?
What are the du Pont Factors?
- The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation, and commercial impression.
- The similarity or dissimilarity and nature of the goods . . . described in an application or registration or in connection with which a prior mark is in use.
What factors will the court consider in determining likelihood of confusion?
As you consider the likelihood of confusion you should examine the following:
- Strength or Weakness of the Plaintiff’s Mark.
- Defendant’s Use of the Mark.
- Similarity of Plaintiff’s and Defendant’s Marks.
- Actual Confusion.
- Defendant’s Intent.
- Marketing/Advertising Channels.
- Purchaser’s Degree of Care.
What are the Sleekcraft factors?
This court considers eight non-exhaustive factors, known as the Sleekcraft factors, to determine whether a trademark use gives rise to a likelihood of confusion: (1) strength of the mark(s); (2) proximity or relatedness of the goods; (3) similarity of the marks; (4) evidence of actual confusion; (5) marketing channels; …
Is Polaroid a trademark?
The POLAROID, POLAROID & PIXEL, POLAROID CLASSIC BORDER LOGO, and POLAROID COLOR SPECTRUM are trademarks of PLR IP Holdings, LLC. ZINK, Zero Ink, and the ZINK logo are trademarks of ZINK Holdings, LLC, registered in the U.S. and other countries.
Is DuPont trademark?
Use of the DuPont™ Tyvek® Brand Logo Use of the DuPont Oval trademark which accompanies our Tyvek® brand logo also requires a trademark license from DuPont.
What are the 8 Sleekcraft factors?
Is Sleekcraft boats still in business?
No longer in production. No models produced in 1993 & 1994.
What is actual confusion trademark?
Page 3. CAMPBELL LAW REVIEW. Among these is “actual confusion”, that is, whether or not there has been any reported instances of individuals who have actually been confused as to the source of the defendant’s products because of the similarity between the parties’ trademarks.
What are the Sleekcraft factors for trademarks?
The eight Sleekcraft factors are: 1 Strength of the trademark (fanciful, arbitrary, suggestive, or merely descriptive); 2 Proximity of the goods and services, both in geographic location and use; 3 Similarity of the trademarks when considering sight, sound, and meaning; 4 Evidence of actual confusion; 5 Marketing channels used;
Can Sleekcraft factors weigh against a likelihood of confusion?
The Court found that “the overwhelming balance of the Sleekcraft factors weighs against a likelihood of confusion” and that no reasonable jury would find any confusion. Ironhawk appealed to the Ninth Circuit from summary judgment.
How do courts determine likelihood of confusion between two trademarks?
Because there is no mechanical formula or litmus test, courts look at a number of factors to determine the existence of a likelihood of confusion between the two trademarks.
What are the Sleekcraft factors in the Dropbox case?
After applying the Sleekcraft factors [from AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-349 (9 th Cir. 1979)], the district court granted summary judgment to Dropbox. The Court found that “the overwhelming balance of the Sleekcraft factors weighs against a likelihood of confusion” and that no reasonable jury would find any confusion.