Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Lapp test

Read a random definition: New York Times v. Sullivan (1964)

A quick definition of Lapp test:

The Lapp test is a way to figure out if two trademarks are too similar and could cause confusion for customers. It looks at things like how similar the marks are, how strong the original trademark is, how smart the customers are, and if the companies are trying to trick people. The test also considers if people have actually been confused before, if the products are similar, and if the companies are trying to sell to the same people. The Lapp test is just a guide, and courts can look at other things too. It's important to make sure trademarks are different enough so people can tell them apart.

A more thorough explanation:

The Lapp test is a standard used to determine if there is a likelihood of confusion between two trademarks. This test is used to determine if one trademark is causing confusion with another previously established trademark.

A likelihood of confusion exists when an allegedly infringing trademark is likely to cause an appreciable number of reasonably prudent purchasers to be confused as to the source or origin of the products or services it is used to identify.

The Lapp test is a multi-factored test used to establish the existence of a likelihood of confusion. The Lapp factors include:

  1. Similarity of the marks
  2. Strength of plaintiff's mark
  3. Sophistication of consumers when making a purchase
  4. Intent of defendant in adopting the mark
  5. Evidence of actual confusion (or lack thereof)
  6. Similarity of marketing and advertising channels
  7. Extent to which the targets of the parties’ sales efforts are the same
  8. Product similarity; identity/function/use
  9. Other factors suggesting that consumers might expect the prior owner to manufacture both products, or expect the prior owner to manufacture a product in defendants market, or expect the prior owner is likely to expand into defendant’s market.

The Lapp test is a non-exhaustive list of factors relevant to assessing the likelihood of confusion. No single factor is dispositive and a finding of a likelihood of confusion does not require a positive finding on a majority of the factors listed.

For example, if a company named "Apple" started selling computers, and another company named "Aple" started selling similar computers, there would likely be a likelihood of confusion between the two trademarks. This is because the marks are very similar, the products are similar, and the marketing channels are similar.

However, if a company named "Apple" started selling computers, and another company named "Orange" started selling similar computers, there would likely not be a likelihood of confusion between the two trademarks. This is because the marks are not similar, the products are similar but have different names, and the marketing channels are likely different.

Lanham Act | lapse

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
LSD+ is ad-free, with DMs, discounts, case briefs & more.