The factors are mark strength, proximity of goods, similarity of marks, evidence of actual confusion, marketing channels, degree of purchaser care, the defendant's intent, and likelihood of expansion.
Other circuits apply analogous multifactor tests.
Alternative Names:
Sleekcraft Test|Ninth Circuit Confusion Factors
Why it Matters?
Purchaser care and proximity of goods are the factors most amenable to defense development, since evidence of a considered purchase process and distinct product categories reduces confusion likelihood independent of mark similarity. Intent evidence favors plaintiffs disproportionately when it exists, which makes internal documents discussing the senior mark a discovery exposure worth anticipating in clearance practice.
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Which factors favor the defense?
What discovery exposure exists?
