Copyright Essay Example | Topics and Well Written Essays - 500 words

Copyright - Essay ExampleMoreover, Nike would need to show that there would be a likeliness of consumer amazement of the fair-use of the style steel. It would also be to Nikes advantage if it formally sends a letter to that party informing the latter that there was an infringement of Nikes trademark particularly taking into discussion the possible remedies that Nike can resort to if the latter does not cease and desist in its acts of infringement. If the other party refuses to stop and battle Nikes action, such refusal may constitute proof of willful infringement (Irwin, Sutton & McCarthy 2008 p. 286 Hansen 2006 p. 111). In Polaroid Corp v Polarad Electronics Corp 287 F. 2d 492 (2nd Circ. 1961), the Court established the 8-factor Polaroid hear to determine whether the use of another of a trademark similar to that of a party will result in the likelihood of confusion. These factors are the strength of the mark of the plaintiff the degree of similarity between the two marks identi cal products and distribution channels effect of market expansion proof of actual confusion product quality bad faith exhibited by the defendant sophistication of prospective consumers.