Is Someone Illegally Using Your Trademark? The 8 Factor Trademark Infringement Test

A court will apply the “likelihood of confusion” test in a trademark infringement suit. This is actually an umbrella term for several tests employed by the various federal circuits. However, most courts use a group of similar factors to assess confusion. The court will analyze and weigh each factor toA court will apply the “likelihood of confusion” test in a trademark infringement suit. This is actually an umbrella term for several tests employed by the various federal circuits. However, most courts use a group of similar factors to assess confusion. The court will analyze and weigh each factor to

trademark first use in commerce

Supreme Court Rules On Disparaging Trademarks

For decades, the USPTO has denied registration to trademarks that are disparaging and offensive to specific racial or ethnic groups under the disparagement clause of the Lanham Act. The United States Supreme Court recently weighed in on the long-running debate that has surrounded the federal registerability of disparaging trademarks basedFor decades, the USPTO has denied registration to trademarks that are disparaging and offensive to specific racial or ethnic groups under the disparagement clause of the Lanham Act. The United States Supreme Court recently weighed in on the long-running debate that has surrounded the federal registerability of disparaging trademarks based