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District Circuits

Sixth Circuit Likelihood of Confusion Factors

Sixth 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 Sixth Circuit

The Sixth Circuit includes the following jurisdictions:

  • Eastern District of Kentucky
  • Western District of Kentucky
  • Eastern District of Michigan
  • Western District of Michigan
  • Northern District of Ohio
  • Southern District of Ohio
  • Eastern District of Tennessee
  • Middle District of Tennessee
  • Western District of Tennessee

The Sixth Circuit uses the Eight Frisch Factors when considering likelihood of confusion:

  1. Strength of the plaintiff’s mark
  2. Relatedness of the products
  3. Similarity of the marks
  4. Evidence of actual confusion
  5. Parties’ marketing channels
  6. Likely degree of purchaser care
  7. Defendant’s intent in selecting the mark
  8. Probability that the product lines will expand

Rhonda Harper Expert Witness

Rhonda HarperIn the Sixth Circuit, Rhonda Harper has been retained as an Expert Witness for four cases filed in the Eastern District of Michigan, Southern Division, Northern District of Ohio, Eastern Division, and the Southern District of Ohio.

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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