Different courts sometimes use different factors to determine if the use of a mark creates a likelihood of confusion with the mark of another regarding the source of the goods/services.  Nevertheless, it is not uncommon for the following factors to be considered:

1. the similarity in the overall impression created by the two marks (including the marks' look, phonetic similarities, and underlying meanings);
2. the similarities of the goods and services involved (including an examination of the marketing channels for the goods); 
3. the strength of the other's mark; 
4. any evidence of actual confusion by consumers; 
5. the intent in adopting the mark; 
6. the physical proximity of the goods in the retail marketplace; 
7. the degree of care likely to be exercised by the consumer; and 
8. the likelihood of expansion of the product lines.