Cases

Question 1

Polaroid v. Polarad

Answer 1

FACTORS or ELEMENTS:

• Strength of the mark (on spectrum)
• Degree of similarity of the marks
• Sight, sound, and meaning
• Proximity of the products
• Likelihood of Bridging the Gap (in market)
• Sophistication of the buyer (degree of customer care)
• Presence of Actual Confusion
• Good (or Bad) Faith in adopting the mark
• Quality of Defendant’s goods

Question 2

E.I. DuPont de Nemours & Co. v. Yoshida International, Inc.

Answer 2

Rule of Law

Consumer surveys may be determinative on the issue of whether a trademark has become generic.

Question 3

Two Pesos, Inc. v. Taco Cabana, Inc.

Answer 3

Rule of Law

Proof of secondary meaning is not required to prevail on a trade-dress-infringement claim if the trade dress at issue is inherently distinctive.