1. Plaintiff Owns A Prior Protectable Trademark in U.S. Commerce
  2. Defendant Indefensibly Used A Trademark Which Causes A Likelihood of Confusion With Plaintiff’s Mark

Who Can Be A Plaintiff?

What Is Ownership of a Trademark? What is abandonment? What is genericide? What is Misuse of a Trademark? what is naked licensing?

What Is Priority? What is national priority? what is a remote user?

What symbols are protectable as trademarks? What is registrabiity? What is inherent registrability? What is acquired distinctiveness? What is failure to function? What is functionality?

What symbols may function as a trademark?

What are the parameters of U.S. Commerce? What is interstate, intrastate, and international commerce?

Who is a proper defendant? what is contributory liability? what is vicarious liability?

What are the affirmative defenses? what is nominative fair use? what is descriptive fair use? what is the artistic relevance defence? what is licensor estoppel? what is acquiescence? what are the statutes of limitations? what is claim preclusion? what is issue preclusion? what is a naked license?

What is use by a defendant? what is non-commercial use? what is artistic relevance?

what are the multi-factorial likelihood of confusion tests in each circuit? what is initial interest confusion? what is post-purchase confusion?

l/c 1. strength of the mark

l/c 2. similarity of the marks

l/c 3. channels of trade

l/c 4. bridging the gap

l/c 5. actual confusion

l/c 6. defendant’s intent

l/c. 7. quality of defendant’s product

l/c 8. sophistication of purchasers (context of sale)