Copyright Essay Example | Topics and Well Written Essays - 500 words

Copyright - judge ExampleMoreover, Nike would need to show that there would be a likelihood of consumer confusion of the fair-use of the trademark. It would also be to Nikes advantage if it formally sends a letter to that caller informing the latter that there was an violation of Nikes trademark particularly taking into discussion the possible remedies that Nike can resort to if the latter does non cease and desist in its acts of infringement. If the other party refuses to stop and contest Nikes action, such refusal may constitute verification of willful infringement (Irwin, Sutton & McCarthy 2008 p. 286 Hansen 2006 p. 111). In Polaroid Corp v Polarad Electronics Corp 287 F. 2d 492 (2nd Circ. 1961), the romance established the 8-factor Polaroid Test to determine whether the use of another of a trademark similar to that of a party will result in the likelihood of confusion. These factors are the strength of the mark of the plaintiff the degree of likeness between the two marks identical products and distribution channels effect of market expansion proof of actual confusion product quality bad faith exhibited by the defendant sophistication of prospective consumers.