TRADEMARK LAW

POLAROID FACTORS

Polaroid Corp. v. Polarad Electronics Corp., 287 F.2d 492, 495 *198 (2d Cir.)


  1. Strength of the Registered Mark – Stronger or more distinctive the senior mark, greater the protection.

  2. Similarities Between the Marks – Degree of resemblance between the two marks

  3. Similar consumer market – Both are competing for the same customers.

  4. Senior entering Junior Market: The probability of the registered user entering the market of the infringer with the same product.

  5. Showing of actual Confusion –  Evidence that a prudent consumers have already experienced confusion as to the source of the product.

  6. Showing that the alleged Infringer bad Faith – Demonstration of intentional copying for gaining advantage of the goodwill of the registered user.

  7. Superior relative quality of the senior product over the alleged infringer/junior product – If the infringer is making inferior quality products while infringing the trademark, greater is the damage to the registered user. "If the quality of the junior user's product is of a low quality, the senior user's interest in avoiding any confusion is heightened" (Toys "R" Us, Inc. v. Canarsie Kiddie Shop, Inc., supra, 559 F.Supp. at p. 1199).

  8. Sophisticated Buyers – Less sophisticated the target market the greater is the likelihood of confusion. "Sophistication of consumers usually militates against a finding of a likelihood of confusion" (Centaur Communications v. A/S/M Communications, 830 F.2d *212 at 1228)

Under the Lanham Act, 15 USC 1114(a)(1), a trademark owner who claims an infringement must establish two elements:

(1) the defendant used the registered mark in commerce

(2) the use is likely to cause consumer confusion.