What is the test for an infringement claim?
MultiRegion, United States of America
The following excerpt is from Lane Capital Mgmt. v. Lane Capital Mgmt., 192 F.3d 337 (2nd Cir. 1998):
To prevail on an infringement claim, a plaintiff must establish that it possesses a valid, legally protectible mark and that defendant's subsequent use of a similar mark is likely to create confusion as to the origin of the product at issue. See Pirone v. MacMillan, Inc., 894 F.2d 579, 581-82 (2d Cir. 1990).
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