Trademark and Unfair Comp. Boston College Law School October 21, 2004 Likelihood of Confusion 2

Infringement Lanham Act §32(1) (15 U.S.C. §1114): –Any person who shall, without the consent of the registrant - (a) use in commerce any reproduction, counterfeit, copy or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive … shall be liable in a civil action by the registrant for the remedies hereinafter provided.

Polaroid v. Polarad 287 F.2d 492 (2d Cir. 1961) Polaroid Factors –(1) Strength of plaintiff’s mark –(2) Degree of similarity of marks –(3) Proximity of products or services –(4) Likelihood of plaintiff bridging the gap –(5) Evidence of actual confusion –(6) Defendant’s good faith –(7) Quality of defendant’s products –(8) Sophistication of buyers

The Network Network v. CBS

Netscape

Internet Uses Sponsored Links Meta-tagging Cybersquatting Typosquatting

Administrative Details Next Assignment –Finish VI.A.2 - Likelihood of Confusion – Types of Confusion