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

Copyright - Essay Example Moreover, Nike would need to show that there would be a likelihood of consumer confusion of the fair-use of the trademark. It would also be to Nike’s advantage if it formally sends a letter to that party informing the latter that there was an infringement of Nike’s 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 contest Nike’s 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 Test 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; identical products and distribution channels; effect of market expansion; proof of actual confusion; product quality; bad faith exhibited by the defendant; sophistication of prospective consumers.