Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Charles Of The Ritz Group Ltd v Quality King Distributors, 832 F.2d 1317 (2nd Cir 1987) Judge Friendly elucidated the "likelihood of confusion" standard in Polaroid Corp. v. Polarad Electronics Corp., 287 F.2d at 495. He delineated eight factors that must be balanced:

Where the products are different, the prior owner's chance of success is a function of many variables: the strength of his mark, the degree of similarity between the two marks, the proximity of the products, the likelihood that the prior owner will bridge the gap, actual confusion, and the reciprocal of defendant's good faith in adopting its own mark, the quality of defendant's product, and the sophistication of the buyers.

See also Thompson Medical Company Co. Inc. v. Pfizer, Inc., 753 F.2d 208, 213-14 (2d Cir.1985).