Infringement & Likelihood of Confusion Self-Quiz

 

 

 

 

 

 

 

 

Which of the following is NOT a factor to consider in determining the likelihood of confusion in an infringement case?
Choice 1 The degree of similarity between the two marks.
Choice 2 The defendant's good faith (or lack thereof) in adopting its own mark.
Choice 3 The length of time the infringing mark has been in use.
Choice 4 The quality of defendant's product.
Ultimately, infringing on another?s mark is impermissible when:
Choice 1 The infringement is intentional.
Choice 2 The infringement is long-lasting.
Choice 3 The infringement is likely to cause customer confusion.
Choice 4 The infringement is obvious.
Joey opens a pizza place and registers the mark ?Joey?s Za.? Some months later, a gourmet restaurant called ?Joe?s Za? opens in the same town. Owned by a nationally renowned restaurateur, thousands of dollars are spent on marketing. A grand opening is planned involving several famous movie stars, and multiple newspapers cover the opening. Can Joey the pizza place operator do anything to stop this?
Choice 1 No, because “Joe’s Za” is now more famous than the original mark.
Choice 2 No, because “Joe’s Za” is not confusingly similar to “Joey’s Za.”
Choice 3 Yes, because Joey is still the senior user.
Choice 4 Yes, because both marks are used for eateries.

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