What is the test for determining whether a party can be found liable for trademark infringement?

MultiRegion, United States of America

The following excerpt is from Eclipse Associates Ltd. v. Data General Corp., 13 USPQ2d 1885, 894 F.2d 1114 (9th Cir. 1990):

The district court's primary task, in determining infringement of registered trademarks, is to make the factual determination whether the public is likely to be deceived or confused by the similarity of the marks as to source, relationship or sponsorship. See Smith v. Chanel, Inc., 402 F.2d 562, 563 (9th Cir.1968). Regardless of what specific factors are discussed by the district court, we review the district court's ultimate factual finding under the clearly erroneous standard.

Other Questions


What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the test for determining whether a Commissioner can be found to have found that a Commissioner has found that the Commissioner has a valid case to answer? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the standard of review for the purpose of determining whether a company has infringed a registered trademark? (Canada (Federal), Canada)
What is the test for determining whether a party to a civil lawsuit can be found to have committed acts of planning or preparation? (MultiRegion, United States of America)
For the purposes of determining whether a party has been found guilty of a breach of the terms of a conditional discharge from a court, what are the reasons why? (Canada (Federal), Canada)
What is the test for determining whether a defendant can appeal against a finding that they have been found liable in part and part of a claim against them? (MultiRegion, United States of America)
What is the test for determining whether a party engaged in a discriminatory act of discrimination against a third party? (MultiRegion, United States of America)
What is the test for determining whether a party is in a position where the evidence must be considered in the light most favorable to the nonmoving party? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.