Topic: the stronger the mark, the more likely it is that encroachm… · Go Syfert
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Topic #6612

8 canonical passages across 6 cases, quoted by 53 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 AutoZone, Inc. v. Strick.

#Case FlagCanonical passage Citers
1 AutoZone, Inc. v. Strick Anchor
ca7 · 2008
green “the stronger the mark, the more likely it is that encroachment on it will produce confusion.” 14
2 Cae, Incorporated v. Clean Air Engineering, Incorporated
ca7 · 2001
green “the more widely accessible and inexpensive the products and services, the more likely that consumers will exercise a lesser degree of care and discrimination in their purchases.” 10
3 Cae, Incorporated v. Clean Air Engineering, Incorporated
ca7 · 2001
green “the 'strength' of a trademark refers to the mark's distinctiveness, meaning its propensity to identify the products or services sold as emanating from a particular source.” 9
4 Platinum Home Mortgage Corporation v. Platinum Financial Group, Incorporated
ca7 · 1998
green “trademark protection should not interfere with traditional policies of a competitive market.” 5
5 AutoZone, Inc. v. Strick
ca7 · 2008
green “the strength of a mark usually corresponds to its economic and marketing strength.” 5
6 Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc.
ca7 · 2013
green “the more likely it is the plaintiff will succeed on the merits, the less the balance of irreparable harms need weigh towards its side; the less likely it is the plaintiff will succeed, the more the balance need weigh towards its side.” 5
7 Eli Lilly & Company, an Indiana Corporation v. Natural Answers, Incorporated, a Florida Corporation, and Brian A. Feinstein
ca7 · 2000
green “enforcement of the trademark laws prevents consumer confusion.” 3
8 Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc.
ca7 · 2011
green “must ask whether consumers, and specifically consumers who would use either product, would be likely to attribute them to a single source.” 2

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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