E. & J. Gallo Winery v. Grenade Beverage, LLC
Opinion
Opinion
MEMORANDUM
1. We look to several factors to determine whether there is a likelihood of confusion in a trademark case: (1) similarity of the conflicting designations; (2) relatedness or proximity of the two companies’ products or services; (3) strength of the plaintiffs mark; (4) marketing channels used; (5) degree of care likely to be exercised by purchasers in selecting goods; (6) the defendant’s intent in selecting its mark; (7) evidence of actual confusion; and (8) likelihood of expansion in product lines. Brookfield Commc’ns, Inc. v. W. Coast Entm’t Corp., 174 F.3d 1036, 1053-54 (9th Cir. 1999) (referring to the factors described in AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir. 1979)). “Although some factors—such as the similarity of the marks and whether the two companies are direct competitors—will always be important, it is often possible to reach a conclusion with respect to likelihood of confusion after considering only a subset of the factors.” Id. at 1054. We review a lower court’s evaluation of the Sleekcraft factors for clear error. Levi Strauss & Co. v. Blue Bell, Inc., 778 F.2d 1352 , 1355 & n.4 (9th Cir. 1985) (en banc).