Sophistication, Bridging the Gap, and the Likelihood of Confusion: An Empirical and Theoretical Analysis. 1 MayThere are eight factors that courts consider in determining likelihood of confusion 1) the strength of the mark 2) degree of similarity between the marks3) the proximity of the products 4) the likelihood the senior user will bridge the gap 5) actual consumer confusion 6) the junior user 39 s intent 7.
The DentiHire Website, and all of its contents, are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries Intellectual Property You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display,. 1 Jan 2008 Original Publication Citation G L Christensen, E D DeRosia, T R Lee Sophistication, Bridging the Gap, and the Likelihood of Confusion: An Empirical and Theoretical Analysis The Trademark Reporter Volume 98, Issue 4 Pages, International Trademark Association, 7, 28 This Peer Reviewed.
Likelihood that the senior user will bridge the gap If it is probable that the senior user will expand into the junior user 39 s product area, the more likely there will be confusion The junior user 39 s intent in adopting the mark If the junior user adopted the mark in bad faith, confusion is more likely Evidence of actual confusion.