d. Infringement criteria

"In deciding whether consumers are likely to be confused, the courts will typically look to a number of factors, including: (1) the strength of the mark; (2) the proximity of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of caution exercised by the typical purchaser; [and] (7) the defendant's intent. Polaroid Corp. v. Polarad Electric Corp. (1961) 287 F.2d 492 [368 U.S. 820]."[1]

"[W]here the marks are similar and the products are also similar, it will be difficult to determine whether consumer confusion is likely. In one case, the owners of the mark "Slickcraft" used the mark in connection with the sale of boats used for general family recreation. They brought an infringement action against a company that used the mark "Sleekcraft" in connection with the sale of high-speed performance boats. Because the two types of boats served substantially different markets, the court concluded that the products were related but not identical. However, after examining many of the factors listed above, the court concluded that the use of Sleekcraft was likely to cause confusion among consumers. AMF Inc. v. Sleekcraft Boats (1979) 599 F.2d 341."[2]


Trade Secrets

[1] http://www.law.cornell.edu/uscode/text/15/1125
[2] Ibid.