[Scuba Diving] Felicia invented a new type of mask that was not subject to fogging for scuba divers and obtained a patent on it. She agrees to allow Mei to manufacture and sell the mask. She receives a sum of money for every mask that Mei sells. Felicia also entered into an agreement with Evan to allow him to sell the masks, but only if he also purchased non-patented diving suits from Felicia. All parties proceeded to do very well with their sales.
-In determining whether a mark infringes on a registered trademark, which of the following factors would the court be least likely to consider:
A) The similarity of the products or services in issue.
B) The similarity of the two marks.
C) The sophistication of consumers.
D) The intent of the defendant to palm off its product as that of another.
E) The market share of the plaintiff and defendant.

Question

Quizplus · Accepted Answer

The market share of the plaintiff and defendant is generally less relevant in determining trademark infringement, which focuses more on the likelihood of confusion among consumers regarding the source of the goods or services.

[Scuba Diving] Felicia Invented a New Type of Mask That