Trademark Infringement - Likelihood of Confusion Standard

The objective of trademark law is to help consumers identify the sources of goods and services.  In a trademark infringement case, it is best to have evidence of actual consumer confusion, meaning consumers think they are dealing with Company A, when they are really dealing with Company B.  That said, you do not need evidence of actual consumer confusion.  The standard is "likelihood of confusion." The similarity of the marks is likely to confuse customers about the source of the goods or services. Washington courts use an eight-factor test articulated by the Ninth Circuit to evaluate the likelihood of confusion:

1. the similarity of the marks;
2. the relatedness of the two companies' services; 
3. the marketing channel used;
4. the strength of the party claiming infringement mark; 
5. the intent of the alleged infringing party in selecting its mark;
6. evidence of actual confusion; 
7. the likelihood of expansion into other markets; and
8. the degree of care to be exercised by purchasers.

Contact Mark D. Walters