Intellectual Property
Feb. 16, 2006
Fluidity of Test Factors Makes Trademark Cases Hard to Pin
Focus Column - By Robert S. Gerber and Nathaniel Bruno - Trademark infringement, the hallmark of which is the "likelihood of confusion" analysis, is determined in the 9th U.S. Circuit Court of Appeals by applying the fluid, eight-factor balancing test of AMF Inc. v. Sleekcraft Boats , 599 F.2d 341 (9th Cir. 1979). Rarely do all eight factors irrefutably fancy any one party; usually, it seems at least some factors leave room for divergent opinions about whether a consumer is likely to be confused
By Robert S. Gerber and Nathaniel Bruno
Trademark infringement, the hallmark of which is the "likelihood of confusion" analysis, is determined in the 9th U.S. Circuit Court of Appeals by applying the fluid, eight-factor balancing test of AMF Inc. v. Sleek...
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