Trademark Infringement

To prevail on a trademark infringement claim, a plaintiff must prove (1) his mark is entitled to protection, and (2) defendant's use of the mark is likely to cause consumers confusion as to the origin or sponsorship of the defendant's goods. The second element, likelihood of confusion, is assessed by federal courts in New York using the “Polaroid Factors”:

• the strength of [the owner's] mark,
• the degree of similarity between the two marks,
• the proximity of the products,
• the likelihood that the prior owner will bridge the gap,
• actual confusion,
• and the reciprocal of defendant's good faith in adopting its own mark,
• the quality of defendant's product, and
• the sophistication of the buyers.

The most common form of relief granted to a successful plaintiff in a trademark infringement lawsuit is an injunction against further infringement. If the mark was federally registered, attorneys fees may be available to the plaintiff. Monetary damages are available under the Lanham Act, but rarely awarded.