Applying the Polaroid Factors at Summary Judgment in the Second Circuit: A Practical Guide

40 questions on applying the polaroid factors at summary judgment in the second circuit, answered and cited by the UpLaw editorial team.

• Are a few isolated instances of confusion enough to get a trademark case to a jury?
• Can a defendant win summary judgment even if some Polaroid factors favor the plaintiff?
• Can a plaintiff win summary judgment on likelihood of confusion?
• Can long coexistence without confusion defeat a trademark infringement claim?
• Do courts add up the Polaroid factors, or weigh them?
• Does a federal registration make a mark strong for the likelihood-of-confusion analysis?
• Does proof that the defendant knew about the plaintiff's mark establish bad faith?
• Does the Eastern District of New York apply a different confusion standard than the rest of the Second Circuit?
• Does third-party use of similar marks weaken a trademark?
• Does using a well-known house brand reduce the likelihood of confusion?
• Do I need a consumer survey to prove likelihood of confusion or survive summary judgment?
• Do the parties have to be direct competitors for there to be a likelihood of confusion?
• How do courts measure the similarity of two trademarks?
• How is a summary judgment ruling on likelihood of confusion reviewed on appeal?
• Is a trademark owner's private plan to expand relevant to bridging the gap?
• Is good faith a defense to trademark infringement, and how does a defendant show it?
• Is likelihood of confusion a question of fact or a question of law?
• Should a defendant move for summary judgment in a trademark case?
• Should two trademarks be compared side by side to judge similarity?
• What are the different types of trademark confusion?
• What are the eight Polaroid factors for assessing likelihood of confusion?
• What happens when likelihood of confusion is genuinely in doubt?
• What is likelihood of confusion in trademark law?
• What is the bad-faith or intent factor in the Polaroid analysis?
• What is the bridging-the-gap factor?
• What is the competitive-proximity factor in a trademark confusion case?
• What is the consumer-sophistication factor?
• What is the difference between a probability and a possibility of confusion?
• What is the difference between conceptual and commercial strength of a trademark?
• What is the quality-of-goods factor, and why do courts give it little weight?
• What is the Rule 56 summary judgment standard?
• What is the similarity-of-the-marks factor, and can it decide a case by itself?
• What is the strength-of-the-mark factor in the Polaroid analysis?
• What must the party opposing summary judgment show to defeat the motion?
• What role does actual confusion play at summary judgment?
• When must a summary judgment motion on likelihood of confusion be denied?
• When will a court grant summary judgment of no likelihood of confusion?
• Where did the Polaroid factors come from?
• Which Polaroid factors matter most?
• Why is likelihood of confusion so often decided on summary judgment in the Second Circuit?