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How would you analyze the infringement claim as between the below bottles of hot
How would you analyze the infringement claim as between the below bottles of hot sauce? (The bottle on the left is made by Huy Fong Foods; the one on the right is from Trader Joes.) Huy Fong Foods is the senior user it was selling its product prior to Trader Joes. (Please see pictures of bottles of hot sauce in the attachment)
Which elements on the bottle constitute Huy Fongs trade dress?
Which of the Kemp factors do you have enough information to apply?
The strength of the owners mark
The similarity of the owners mark and the alleged infringers mark
The degree to which the products compete with each other
The alleged infringers intent to pass off its goods as those of the trademark owner
Incidents of actual confusion
The type of product, its costs and conditions of purchase
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