Whom are you confusing? Clear labeling precludes trademark infringement claim

Description

Abstract: The eight-factor Sleekcraft test typically is used to determine whether a mark accused of trademark infringement gives rise to a likelihood of confusion. But as this article shows, the test isn’t always applicable — especially in the context of Internet search engines. It examines why the Ninth Circuit handed the defendant in Multi-Time Machine, Inc. v. Amazon.com, Inc. a victory. A sidebar explains that, unlike Multi-Time Machine Inc., most trademark infringement cases go to trial.