Trademark infringement

Trademark infringement occurs when a party improperly uses the trademark owned by another party in connection with the sale of goods or services. The use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of, sponsorship of, or approval of such goods. In determing whether consumers are likely to be confused, the court will look at various factors, such as:


 * (1) the strength of the mark;
 * (2) the proximity of the goods;
 * (3) the similarity of the marks;
 * (4) evidence of actual confusion;
 * (5) the similarity of marketing channels used;
 * (6) the degree of caution exercised by the typical purchaser; and
 * (7) the defendant's intent.