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).


Back to Glossary List >>
© 1999- 2019 Smith and Hopen, P.A.  SMITH & HOPEN® and logo are federally registered trademarks.  Legal