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Sleekcraft Factors

Definition

The eight factors articulated by the Ninth Circuit to be weighed in determining the likelihood of consumer confusion in trademark-infringement cases: (1) the strength of the mark, (2) the proximity of the goods, (3) the similarity of the marks, (4) evidence of actual confusion, (5) the marketing channels used to promote the products, (6) the type of goods and the carefulness of likely consumers, (7) the defendant’s intent, and (8) the likelihood that either party will expand into new markets.

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