Trademark Act - Part 2

(Photo by Mudassir Ali from Pexels)

Trademark Law and Musicians:

Specifically for campaign use, the infringement comes from the confusion of the artists brand or image they have created for themselves. In legal proceedings, they refer to the precedent set by the Ninth Circuit in AMF Inc v. Sleekcraft Boats:

AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir. 1979)

This case is where they developed eight factors to determine whether or not a trademark has been violated. AMF Inc. came out with Slickcraft Boats and registered their trademark in 1969. Sleekcraft Boats was another company that manufactured boats. AMF Inc., the plaintiff, sued Sleekcraft Boats for causing confusing for the two similarly named boats and created competition in the market. The defendant, Sleekcraft Boats, argued that Slickcraft Boats only manufactured high performance boats whereas Sleekcraft catered to a larger audience with a variety of boats. The court originally ruled that although the names were similar, the audience and buyers did not overlap because only boat enthusiasts/racers would buy Slickcraft Boats. The Ninth Circuit held the same ruling as the first trial and used what is now known as the Sleekcraft Factors to determine whether a trademark was infringed.

The Sleekcraft Factors:

1. The strength of the mark;
2. The proximity or relatedness of the goods;
3. The similarity of the marks;
4. Any evidence of actual confusion;
5. The marketing channels used;
6. The degree of care customers are likely to exercise in purchasing the goods;
7. The defendant's intent in selecting the mark; and
8. The likelihood of expansion into other markets.