- Blue Belt
- Posts: 431
- Joined: Mon Feb 19, 2007 6:23 pm
- Location: Tempe, AZ
Trademark (and Servicemark) infringement is determined on a "likelihood of confusion" basis. The issue at hand is whether relevant consumers would be likely to associate the goods or services of one party with those of another party as a result of trademark usage. A variety of factors may be examined when analyzing a trademark infringement issue, the most notable of which are: the similarity - visual and phonetical - of any marks at issue; and the commercial relationship between the goods or services described by any marks at issue.