The Split Personality of Likelihood of Confusion: In Lovely Skin, Inc. v. Ishtar Skin Care Products, L.L.C., The Eighth Circuit Correctly Applied Clear Error to Likelihood of Confusion
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Authors
Grether, Kari J.
Issue Date
2015
Volume
48
Issue
2
Type
Journal Article
Language
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Alternative Title
Abstract
INTRODUCTION|The standard to determine weather the infringement of a federally registered mark has occurred requires identifying if the defendant's action is likely to lead to mistake, confusion, or deception. When deciding a likelihood of confusion issue, the federal circuits require differing multi-factor tests. Standards of review for likelihood of confusion also vary among the federal circuits. For example, when the United States Court of Appeals for the Second Circuit reviews the overall weighing of the factors de novo. It reviews the facts presented for clear error; in contrast, the United States Court of Appeals for the Eighth Circuit reviews a district courts decision in its entirety for clear error...
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Publisher
Creighton University School of Law