Trademark Litigation: Likelihood of Confusion Tests by Circuit Chart | Practical Law

Trademark Litigation: Likelihood of Confusion Tests by Circuit Chart | Practical Law

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Trademark Litigation: Likelihood of Confusion Tests by Circuit Chart

Practical Law Checklist 2-519-7062 (Approx. 15 pages)

Trademark Litigation: Likelihood of Confusion Tests by Circuit Chart

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A chart of the multi-factor tests used to analyze likelihood of confusion in the 12 regional federal circuits in trademark infringement and unfair competition cases under the Lanham Act, and to assess likelihood of confusion in the Federal Circuit in appeals from decisions of the Trademark Trial and Appeal Board. The chart includes leading decisions setting out the tests and important considerations for applying the tests in each circuit.