What are the dupont factors?

Answer 1

The DuPont factors are the factors used by the Federal Circuit to determine whether two trademarks (or service marks) are confusingly similar. Confusing similarity is necessary for a finding of trademark infringement. The factors are as follows: # The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation, and commercial impression. # The similarity or dissimilarity and nature of the goods . . . described in an application or registration or in connection with which a prior mark is in use. # The similarity or dissimilarity of established, likely-to-continue trade channels. # The conditions under which and buyers to whom sales are made, i.e. "impulse" vs. careful, sophisticated purchasing. # The fame of the prior mark # The number and nature of similar marks in use on similar goods. # The nature and extent of any actual confusion. # The length of time during and the conditions under which there has been concurrent use without evidence of actual confusion. # The variety of goods on which a mark is or is not used . . . . # The market interface between the applicant and the owner of a prior mark . . . # The extent to which applicant has a right to exclude others from use of its mark on its goods. # The extent of potential confusion . . . . # Any other established fact probative of the effect of use.