Sarah Harrell

attorney at Barnes & Thornburg
More from Sarah Harrell
Each circuit in the U.S. federal court system has its own version of the infringement test, but in essence, they all look at similar factors: (1) the strength of the plaintiff’s trademark or trade dress, (2) the similarity of the goods, (3) the similarity of the marks or designs, (4) evidence of any actual confusion, (5) the similarity of marketing channels, (6) the sophistication of the purchasers or the level of care they likely use, (7) the defendant’s intent, and (8) the likelihood of expansion of the product lines.
Dupe Culture Meets the Courtroom
What the Benefit vs. e.l.f. mascara ruling reveals about the legal limits of beauty dupes.
Mar 16th, 2026