Chapter 1: E. An Illustration

Question 1

Perry v. H.J. Heinz

Answer 1

1. Another’s use of an incontestable mark will not automatically constitute trademark infringement if the possibility of confusion is low.
2. Confusion factors: the type of trademark, the similarity between the marks, the similarity between the products, the identities of the outlet and purchaser, the identity of advertising media, the intent of the defendant, the prospective purchasers’ level of care, and the actual confusion that results.