How would you analyze the infringement claim as between the below bottles of hot sauce? (The bottle on the left is made by Huy Fong Foods; the one on the right is from Trader Joe's.) Huy Fong Foods is the senior user - it was selling its product prior to Trader Joe's.

Which elements on the bottle constitute Huy Fong's trade dress?

Which of the Kemp factors do you have enough information to apply?

• The strength of the owner's mark
• The similarity of the owner's mark and the alleged infringer's mark
• The degree to which the products compete with each other
• The alleged infringer's intent to "pass off" its goods as those of the trademark owner
• Incidents of actual confusion
• The type of product, its costs and conditions of purchase

FIRACHA HOT CHILI SAUCE O SRIR TUONG 5 HUY FONG FOODS, INC. WT. 17 02. (1 1b. 1 0z ) (429]