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Polaroid Factors

Definition

An eight-factor test formulated by the Second Circuit in Polaroid Corp. v. Polarad Electronics Corp., 287 F.2d 492, 495 (2d Cir. 1961), to be considered in determining whether a likelihood of consumer confusion exists as to the source of goods based on the similarity of their trademarks. The factors include: (1) the strength of the registered mark; (2) the similarity between the registered mark and the mark used by the alleged infringer; (3) the allegedly infringing product’s competitive proximity to the registered owner’s product; (4) the likelihood that the registered owner will bridge the gap to enter the same market as the alleged infringer; (5) actual confusion on the part of purchasers; (6) the alleged infringer’s good faith; (7) the quality of the alleged infringer’s product; and (8) the sophistication of the buyers in the relevant market.

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