Whether trademark strength is a question of fact in a likelihood-of-confusion analysis under 15 U.S.C. § 1114

Courts in every circuit consider several factors in determin ing whether an alleged trademark infringer’s use “is likely to cause confusion” under 15 U.S.C. § 1114. Chief among th ose factors is the trademark’s strength , that is, its level of distinctiveness. Twelve circuits consider trademark strength an issue of fact. The Second Circuit stands alone in considering it a question of law. The question presented is: Whether trademark strength is a question of fact in a likelihood -of-confusion analysis under 15 U.S.C. § 1114 .