When a company wants to sue another company for trademark infringement, they will most likely have to prove the defendant’s branding or products are confusingly similar to their own branding or products. So what does it mean to be confusingly similar? If only a few people are confused by the branding, does that count? While there is some grey area in this matter, the court does use an eight point test to see if the offense qualifies as confusingly similar.
This eight point test is based on a 1961 case known as Polaroid Corp. v. Polarad Elecs. Corp. The courts don’t always use all eight points in every case, because sometimes only six apply.
As you can see these eight points are somewhat open for interpretation of the court, which is why this matter is so confusing. If you’re confused by all of this, and need help defending your trademark, call Parsons & Goltry.
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