Topic: (1) the similarity between the marks; (2) the similarity of… · Go Syfert
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Topic #6829

7 canonical passages across 7 cases, quoted by 52 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 Uncommon, LLC v. Spigen, Inc..

#Case FlagCanonical passage Citers
1 Uncommon, LLC v. Spigen, Inc. Anchor
ca7 · 2019
green “(1) the similarity between the marks; (2) the similarity of the products; (3) the area and manner of concurrent use; (4) the degree of care consumers are likely to use; (5) the strength of plaintiff's mark; (6) actual consumer confusion; and (7) the defendant's intent to 'palm o…” 16
2 Bodum USA, Incorporated v. A Top New Casting Incorporated
ca7 · 2019
green “a product design that is so distinctive it identifies the product's source.” 6
3 NBA Properties, Incorporated v. HANWJH
ca7 · 2022
green “requires the plaintiff to show 'a likelihood of confusion,' a question of fact in which 'actual confusion' is but a single nondispositive part.” 6
4 United States v. Descamps
ca9 · 2013
green “whether that was due to an oversight or a conclusion that the issue was not properly raised, we do not know. ... we therefore choose to decide the question-which was fully briefed before us-rather than declaring it forfeited.” 6
5 GEFT Outdoor, LLC v. Monroe County Indiana
ca7 · 2023
green “we review the district court's decision to grant a permanent injunction for an abuse of discretion, though we conduct an independent review of any underlying legal determinations.” 6
6 Tri-Plex Technical Services, Ltd. v. Jon-Don, LLC
ill · 2024
green “likelihood of confusion or misunderstanding” 6
7 Charles Curry, Jr. v. Revolution Laboratories, LLC
ca7 · 2024
green “curry did not need to file separate suits in all 50 states to vindicate his lanham act rights.” 6

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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