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Trademark and Unfair Comp.

Trademark and Unfair Comp. Boston College Law School October 21, 2004 Likelihood of Confusion 2. Infringement. Lanham Act §32(1) (15 U.S.C. §1114): Any person who shall, without the consent of the registrant -

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Trademark and Unfair Comp.

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  1. Trademark and Unfair Comp. Boston College Law School October 21, 2004 Likelihood of Confusion 2

  2. Infringement • Lanham Act §32(1) (15 U.S.C. §1114): • Any person who shall, without the consent of the registrant - • (a) use in commerce any reproduction, counterfeit, copy or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive … shall be liable in a civil action by the registrant for the remedies hereinafter provided.

  3. Polaroid v. Polarad287 F.2d 492 (2d Cir. 1961) • Polaroid Factors • (1) Strength of plaintiff’s mark • (2) Degree of similarity of marks • (3) Proximity of products or services • (4) Likelihood of plaintiff bridging the gap • (5) Evidence of actual confusion • (6) Defendant’s good faith • (7) Quality of defendant’s products • (8) Sophistication of buyers

  4. The Network Network v. CBS

  5. Netscape

  6. Internet Uses • Sponsored Links • Meta-tagging • Cybersquatting • Typosquatting

  7. Administrative Details • Next Assignment • Finish VI.A.2 - Likelihood of Confusion – Types of Confusion

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