top of page
Search

Likelihood of Confusion Tests - 1st Circuit

  • Writer: maryreyes90
    maryreyes90
  • Feb 27
  • 1 min read

Introduction

Likelihood of consumer confusion is the core issue in any trademark infringement action under the Lanham Act (15 U.S.C. §§ 1114(1)(a) and 1125(a)(1)). Each federal circuit court applies its own version of the likelihood of confusion test, although many factors overlap.



Likelihood of Confusion Factors

  • The similarity of the marks.

  • The similarity of the goods.

  • The relationship between the parties’ trade channels.

  • The relationship between parties’ advertising.

  • The classes of prospective purchasers.

  • Evidence of actual confusion.

  • The defendant’s intent in adopting its mark.

  • The strength of plaintiff’s mark.

  • (Pignons S.A. de Mecanique de Precision v. Polaroid Corp., 657 F.2d 482, 487 (1st Cir. 1981))


Important Considerations

  • No single factor controls and all eight factors must be considered (Borinquen Biscuit Corp. v. M.V. Trading Corp., 443 F.3d 112, 120 (1st Cir. 2006)).

  • Courts need not analyze the factors in any particular order (Boston Duck Tours, LP v. Super Duck Tours, LLC, 531 F.3d 1, 15 (1st Cir. 2008)).

  • Where the parties are competitors, the similarity of the marks is the most important factor (Boston Duck Tours, 531 F.3d at 26).



bottom of page