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Each of the thirteen federal courts of appeal have their own test for evaluating whether a likelihood of confusion exists between two trademarks. Although the tests are not identical, most of them are substantially similar and use many of the same factors. And the factors are non-exclusive.

The Ninth Circuit includes the following jurisdictions:

District of Alaska
District of Arizona
Central District of California
Eastern District of California
Northern District of California
Southern District of California
District of Hawaii

The Ninth Circuit uses the Eight Sleekcraft Factors when considering likelihood of confusion cases:

The strength of the mark
The proximity of the goods
The similarity of the marks
Evidence of actual confusion
The marketing channels used
The type of goods and the degree of care likely to be exercised by the purchaser
The defendant’s intent in selecting the mark
The likelihood of expansion of the product lines

AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir.1979).

In the Ninth Circuit, trademark survey expert Ms. Harper has been retained for more than 30 cases.

Ms. Harper has been retained for cases filed in the:

Northern District of California
Southern District of California
California Central District
Superior Court of the State of California for the County of Los Angeles, Central District
Central District of California, Central Division
Superior Court of California County of San Diego
Central District of California Eastern Division Riverside
Eastern District of California
Nevada Southern Division
Western District of Washington at Seattle
Superior Court of the State of Arizona in and for the County of Maricopa
Northern District of California, Jose Division
Northern District of California, San Francisco Division

Retained by more than 140 law firms nationwide, Ms. Rhonda Harper is courtroom proven in virtually every circuit along with JAMS and TTAB. Ms. Harper's 30+ year career includes serving as a Fortune 100 chief marketing officer and an adjunct marketing professor. In addition to providing litigation consulting and research in the areas of business, licensing, marketing, advertising, and strategy, Ms. Harper is routinely retained to formulate expert surveys, conduct rebuttal critiques, or construct rebuttal surveys to show the potential difference in results with properly designed and executed surveys. She has extensive experience and a deep understanding of survey design, sampling, question construction, data analysis, and the methodological pitfalls that can introduce bias or systematic error.