9th Cir. Model Jury Instr. (Civil) 15.5

(15 U.S.C. §§ 1114(1), 1125(a))

Trademark laws balance three often-conflicting goals: (1) protecting the public from being misled about the nature and source of goods and services, so that the consumer is not confused or misled in the market; (2) protecting the rights of a business to identify itself to the public and its reputation in offering goods and services to the public; and (3) protecting the public interest in fair competition in the market.

The balance of these policy objectives varies from case to case, because they may often conflict. Accordingly, each case must be decided by examining its specific facts and circumstances, of which you are to judge.

In these instructions, I will identify types of facts you are to consider in deciding if the defendant is liable to the plaintiff for violating trademark law. These facts are relevant to whether the defendant is liable for:

[(1) infringing plaintiff’s registered trademark rights, by using a trademark in a manner likely to cause confusion among consumers;]

[(2) unfairly competing, by using a trademark in a manner likely to cause confusion as to the origin or quality of plaintiff’s goods;]

[(3) unfairly competing, by using trade dress in a manner likely to cause confusion as to the origin or quality of plaintiff’s goods;]

[(4) infringing plaintiff’s trade name, by using similar corporate, business or professional names in a manner likely to cause confusion about the source of products in the minds of consumers;]

[(5) false advertising, by making a false statement that was material and that tended to deceive consumers, injuring the plaintiff in the market.]