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District Circuits

Seventh Circuit Likelihood of Confusion Factors

Seventh Circuit Likelihood of Confusion Factors

Get the expertise you need plus the experience you want.

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 Seventh Circuit

The Seventh Circuit includes the following jurisdictions:

  • Central District of Illinois
  • Northern District of Illinois
  • Southern District of Illinois
  • Northern District of Indiana
  • Southern District of Indiana
  • Eastern District of Wisconsin
  • Western District of Wisconsin

The Seventh Circuit uses Seven Factors in considering likelihood of confusion cases:

  1. The similarity between the marks in appearance and suggestion
  2. The similarity of the products
  3. The area and manner of concurrent use
  4. The degree of care likely to be exercised by consumers
  5. The strength of the plaintiff’s mark
  6. Any evidence of actual confusion
  7. The intent of the defendant to palm off his product as that of another

Sorensen v. WD-40 Co., 792 F.3d 712, 726 (7th Cir. 2015).

Rhonda Harper MBA, Expert Witness

Rhonda HarperServing the Seventh Circuit, Rhonda Harper has been retained in five cases filed in the Northern District of Illinois, District of Illinois Eastern Division, and the Northern District of Indiana.

Retained by 100+ law firms since 2005, Ms. Harper is courtroom proven. She has been engaged to provide 65+ surveys, 80+ reports, 30+ rebuttals, 45+ depositions, and serve in 20+ trials. She has provided services to both Plaintiffs (60%) and Defendants (40%) across trademark and trade dress, packaging, merchandising, defamation, licensing, breach of contract, advertising, and commercial reasonableness. She has provided services in virtually every Circuit as well as JAMS and TTAB.

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 methodological pitfalls that introduce bias or systematic error.

Ms. Harper's 30+ year career includes serving as a Fortune 100 Chief Marketing Officer. Having authored two books, she is a former Adjunct MBA Marketing Professor.

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