Authorities

Elvis Presley Enterprises v. Capece

Elvis Presley v. Capece (5th Cir. 1998) is a source case for the digits of confusion.

Citation: Elvis Presley Enters., Inc. v. Capece, 141 F.3d 188 (5th Cir. 1998)

Type: Case

Jurisdiction: Federal

Issuing body: U.S. Court of Appeals for the Fifth Circuit

Status: Decided

Court: U.S. Court of Appeals for the Fifth Circuit

Parties: Elvis Presley Enterprises, Inc. v. Capece

Proceeding: court decision

Elvis Presley v. Capece is one of the two source cases the guides cite for the Fifth Circuit's eight digits of confusion: type and strength of the mark, similarity of the marks, similarity of the products or services, identity of retail outlets and purchasers, identity of advertising media, defendant's intent, evidence of actual confusion, and degree of care by purchasers.

Sources.

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