Question
In order to prevail in a trademark infringement action, the owner of the mark must prove that there is a likelihood of confusion among consumers
In order to prevail in a trademark infringement action, the owner of the mark must prove that there is a "likelihood of confusion" among consumers as to the source or origin of the product bearing the trademark in question. Courts have developed eight factors to be evaluated when determining this "likelihood of confusion" issue.
In order for a descriptive trademark to be eligible for trademark registration, it must have secondary meaning. Define "secondary meaning" AND explain the rationale behind requiring secondary meaning for descriptive trademarks.
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