Topic: 1) the strength of the mark; 2) proximity or relatedness of… · Go Syfert
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Topic #10748

5 canonical passages across 4 cases, quoted by 35 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from No. 01-56055.

#Case FlagCanonical passage Citers
1 No. 01-56055 Anchor
ca9 · 2005
green “1) the strength of the mark; 2) proximity or relatedness of the goods; 3) the similarity of 4 the marks; 4) evidence of actual confusion; 5) the marketing channels used; 6) the degree 5 of care customers are likely to exercise in purchasing the goods; 7) the defendant's intent 6…” 7
2 No. 01-56055
ca9 · 2005
green “likelihood of confusion exists when consumers viewing the mark 22 would probably assume that the goods it represents are associated with the source of a 1 different product identified by a similar mark.” 7
3 Reno Air Racing Association, Inc. v. Jerry McCord
ca9 · 2006
green “is likely to cause confusion, or to cause mistake, or to 13 deceive” 7
4 Fendi Adele S.R.L. v. Burlington Coat Factory Warehouse Corp.
nysd · 2010
green “to find a likelihood of confusion, a 12 court need only determine that the items at issue are counterfeit and that the defendant 13 distributed, offered for sale, or sold the items.” 7
5 Philip Morris USA Inc. v. Castworld Products, Inc.
cacd · 2003
green “must 'prove 16 up' the amount of damages that it is claiming.” 7

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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