ISSUE:
Is there a likelihood of confusion between the parties' jeans?
Whether summary judgment for the trademark owner is appropriate on claims of trademark infringement and unfair competition?
RULE:
The principle of "likelihood of confusion" refers to the likelihood that consumers would confuse and mistake your mark for the mark of another company.
There are eight factors used in determining the likelihood of confusion as to the source of goods:
The strength of the mark
The degree of similarity of the marks
The proximity of the products
Bridging the gap
If the trademark owner intends to enter the alleged infringer’s market, it would lead to future confusion.
Actual confusion
The junior user’s good faith in adopting the mark
The quality of the respective goods
The sophistication of relevant buyers