Question

Which of the following was not a factor the court considered in the Toys “R” Us, Inc. v. Canarsie Kidde Shop, Inc. case in determining whether “Kids ‘r’ Us” infringed on the “Toys ‘R’ Us” mark?

• The degree of similarity between the two marks

• Evidence of actual confusion

• The junior user’s good faith

• The revenue of the defendant corporation

• The strength of the senior user’s mark

Answer 1

Correct answer is "The revenue of the defendant corporation"

Rationale:

In assessing the likelihood of confusion and in balancing the equities, this Court must consider the classic factors in Toys “R” Us, Inc. v. Canarsie Kidde Shop, Inc. case.

(1) the strength of the senior user's mark;

(2) the degree of similarity between the two marks;

(3) the proximity of the products;

(4) the likelihood that the senior user will bridge the gap;

(5) actual confusion;

(6) the junior user's good faith;

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