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Introduction to Trademark Infringement

Generally, to win a trademark claim [for infringement], a plaintiff [whom is the suing party] must establish that (1) the [trade]marks are valid and legally protectable; (2) the [trade]marks are owned by the plaintiff; and (3) the defendant's use of the [trade]marks to identify goods or services likely to create confusion concerning the origin of the goods or services. Opticians Ass'n v. Independent Opticians (3rd Cir.1990)

Establishing Likelihood of Confusion for Trademark Infringement

In determining the likelihood of confusion concerning the origin of the goods or services, [w]here the products or services are different, the prior owner's chance of success is a function of many variables:
  1. the strength of his mark,
  2. the degree of similarity between the two marks,
  3. the proximity of the products,
  4. the likelihood that the prior owner will bridge the gap,
  5. actual confusion,
  6. the reciprocal of defendant's good faith in adopting its own mark,
  7. the quality of defendant's product, and
  8. the sophistication of the buyers. Polaroid Corp. v. Polarad Elects, Corp. (2d Cir. 1961)
These "Polaroid Factors," also referred to as the "DuPont Factors," listed above can be daunting and often require the detailed analysis of a skilled attorney. Whether you are a Trademark owner and feel that someone has infringed upon your Trademark or are worried that you may have infringed upon someone else's Trademark, please contact an attorney. The attorneys at McClanahan Powers assist not only in the litigation aspect of Trademark infringement but additionally in Cease and Desist Letters and Letters of Demand as well as Back Royalties and Back Licensing.

Contact a D.C. Trademark Lawyer at McClanahan Powers for a Free Initial Consultation

To receive world-class service for your legal matter, contact a Washington D.C. Trademark Lawyer at McClanahan Powers at 703-520-1326. Or, to send an e-mail, please complete and submit the online form on this website. Flexible appointment times and payment options are available.