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What is trademark infringement?
Trademark infringement occurs when a new comer or junior user adopts a trademark that is likely to be confused with the senior user's trademark. To determine whether a likelihood of confusion exists, courts consider factors such as: Strength of the mark, similarity between the marks, proximity of the goods in the marketplace, actual confusion, intent of the junior user, relatedness of the goods, degree of care exercised by the customer and other such factors. The key is whether there is a likelihood of confusion. Fifteen percent (15%) confusion is typically considered too much confusion.
Updated: 11/12/99
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