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Trademarks: Likelihood of Confusion (8th Cir.)

Smith Hopen Intellectual Property Term Glossary Definition for Trademarks: Likelihood of Confusion (8th Cir.)
The Eighth Circuit has a six factor test: (1) the strength of the mark; (2) the similarity of the marks; (3) the degree to which the products compete with each other; (4) the alleged infringer's intent to confuse or to pass off its goods as those of the trademark owner; (5) evidence of actual confusion; and (6) the degree of care likely to be exercised by prospective customers or purchasers. Minnesota Mining v. Rauh Rubber, 130 F.3d 1305, 1308 (8th Cir. 1997).

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