WebDec 10, 2004 · Instead, we focused primarily on three other Frisch factors that we judged to be particularly important in an Internet-domain-name case. See id. at 254-55. As always, our concern was with "whether the defendant's use of the disputed mark is likely to cause confusion among consumers regarding the origin of the goods offered by the parties." Frisch's Big Boy is a regional Big Boy restaurant chain with headquarters in Cincinnati, Ohio. For many years a Big Boy franchisee, in 2001, Frisch's became the exclusive owner of the Big Boy trademark in Indiana, Kentucky, and most of Ohio and Tennessee, and is no longer affiliated with Big Boy Restaurant Group. In July 2024, there were 84 restaurants in Indiana, Kentucky, and Ohio. …
Sunless, Inc. v. Palm Beach Tan, Inc., No. 21-3616 (6th Cir. 2024)
WebMar 31, 2009 · The eight Frisch factors include: 1) strength of the mark; 2) relatedness of the goods or services; 3) similarity of the marks; 4) likely degree of purchaser care; 5) the defendant's intent in selecting its mark; 6) marketing channels used; 7) likelihood of expansion of the product lines; and 8) evidence of actual confusion. WebAug 16, 2024 · Frisch factors was Frisch’s Restaurants, Inc. v. Elby’s Big Boy, supra, 670 F.2d at 648 (borrowing the factors from the Ninth Circuit). The Sixth Circuit explained that applying and reviewing the factors is a two-step process: [T]he determination of what is the state of affairs regarding each factor (a “foundational do for the body
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