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 Sixth Circuit includes the following jurisdictions:
The Sixth Circuit uses the Eight Frisch Factors when considering likelihood of confusion:
In the Sixth Circuit, Ms. Rhonda Harper has been retained as an Expert Witness for many cases filed in the Eastern District of Michigan, Southern Division, Northern District of Ohio, Eastern Division, and the Southern District of Ohio.
Retained by more than 125 law firms, Ms. 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, in-store merchandising, 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.