Legal Definitions - Polaroid test

The Polaroid test is a legal test used to determine whether a trademark has been infringed upon. It involves analyzing eight factors:

1. The strength of the plaintiff's trademark
2. The similarity between the plaintiff's and defendant's trademarks
3. The similarity between the plaintiff's and defendant's products or services
4. The likelihood that the plaintiff will "bridge the gap" and offer a product or service in the defendant's market
5. The defendant's intent in adopting its trademark
6. The evidence of actual confusion between the plaintiff's and defendant's trademarks
7. The sophistication of the buyers in the relevant market
8. The quality of the defendant's product or service

An example of the Polaroid test in action is the case of Coca-Cola v. Koke Co. of America. In this case, Koke Co. of America was sued by Coca-Cola for trademark infringement. The court applied the Polaroid test and found that Koke Co. of America's use of the name "Koke" was likely to cause confusion among consumers, as it was too similar to Coca-Cola's trademark.

Another example is the case of Apple Corps Ltd. v. Apple Computer, Inc. In this case, Apple Corps Ltd. sued Apple Computer, Inc. for trademark infringement over the use of the name "Apple." The court applied the Polaroid test and found that while there was some similarity between the two trademarks, there was no evidence of actual confusion among consumers. Therefore, the court ruled in favor of Apple Computer, Inc.

These examples illustrate how the Polaroid test is used to determine whether a trademark has been infringed upon. By analyzing the eight factors, the court can determine whether there is a likelihood of confusion among consumers, which is a key factor in trademark infringement cases.