Keywords

trademark law, consumer confusion

Abstract

Recent commentary has rightly lamented the uncertain state of the multifactor test for trademark infringement. “This heuristic device is the fulcrum of American trademark law,” yet the courts are in substantial disagreement as to which factors are relevant to an evaluation of the likelihood of confusion. The doctrinal divide is substantial: “Some circuits claim to weigh heavily under certain factors what other circuits claim to ignore, and nearly every factor or combination of factors has been called the ‘most important’ by one court or another.”

Original Publication Citation

G.L Christensen, E.D. DeRosia, T.R. Lee. "Sophistication, Bridging the Gap, and the Likelihood of Confusion: An Empirical and Theoretical Analysis", The Trademark Reporter Volume 98, Issue 4, Pages 913-949, International Trademark Association, 7, 28.

Document Type

Peer-Reviewed Article

Publication Date

2008-01-01

Permanent URL

http://hdl.lib.byu.edu/1877/2684

Publisher

International Trademark Association

Language

English

College

Marriott School of Management

Department

Management

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