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1

Polaroid v. Polarad

FACTORS or ELEMENTS:

  • Strength of the mark (on spectrum)
  • Degree of similarity of the marks
  • Sight, sound, and meaning
  • Proximity of the products
  • Likelihood of Bridging the Gap (in market)
  • Sophistication of the buyer (degree of customer care)
  • Presence of Actual Confusion
  • Good (or Bad) Faith in adopting the mark
  • Quality of Defendant’s goods

2

E.I. DuPont de Nemours & Co. v. Yoshida International, Inc.

Rule of Law

Consumer surveys may be determinative on the issue of whether a trademark has become generic.

3

Two Pesos, Inc. v. Taco Cabana, Inc.

Rule of Law

Proof of secondary meaning is not required to prevail on a trade-dress-infringement claim if the trade dress at issue is inherently distinctive.

4