Which of the following is not a factor the Court considers when determining is there has been trademark infringement?

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BlackTom AI · Accepted Answer

The question asks which item is not a factor courts consider when evaluating trademark infringement. 
Option 1: 'Proximity of the goods' — This is a recognized factor because similarity of the goods or services and how closely they compete can influence likelihood of confusion. The closer the goods, the more likely confusion may occur. 
Option 2: 'Similarity of the marks' — This is a core factor; the more similar the marks in appearance, sound, or meaning, the greater the chance of confusion, so this is indeed considered. 
Option 3: 'Evidence of actual confusion' — This is another important factor; showing that consumers have already been confused strengthens the case for infringement, so it is evaluated. 
Option 4: 'Is either trademark registered?' — Infringement analyses focus on likelihood of confusion regardless of registration status. While registration can affect remedies or presumptions in some contexts, the basic likelihood-of-confusion factors do not require registration to be established. Therefore, this option represents a factor that is not part of the traditional likelihood-of-infringement assessment.

Which of the following is not a factor the Court considers when determining is there has been trademark infringement?

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