US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 15.6
Infringement—Elements and Burden of Proof—Trademark
(15 U.S.C. § 1114(1))
On the plaintiff [name]’s claim for trademark infringement, the plaintiff [name] has the burden of proving each of the following elements by a preponderance of the evidence:
First, [describe the plaintiff’s symbol or term] is a valid, protectable trademark;
Second, the plaintiff [name] owns [describe the plaintiff’s symbol or term] as a trademark;
Third, the defendant [name] used [describe symbol or term used by the defendant] [a mark similar to [describe the plaintiff’s symbol or term]] in interstate commerce; and
Fourth, the defendant [name] used [describe symbol or term used by the defendant] [a mark similar to [describe the plaintiff’s symbol or term]] without the consent of the plaintiff [name] in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods.
If you find that each of the elements on which the plaintiff [name] has the burden of proof has been proved, your verdict should be for the plaintiff [name]. If, on the other hand, the plaintiff [name] has failed to prove any of these elements, your verdict should be for the defendant [name].
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
5c1651c5b207c3387f72f1f95339638c9f46a3fb9ecbdf754901d6b3bcce3df7
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