Hastings Communications and Entertainment Law Journal Volume 32 | Number 1 Article 4 1-1-2009 "It's Third and Eight!": The Third Circuit Adopts an Eight-Factor Test for Likelihood of Confusion in False Enforcement Cases and Flags Related Defenses in Facenda v. NFL Films Justin Kerner Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Justin Kerner, "It's Third and Eight!": The Third Circuit Adopts an Eight-Factor Test for Likelihood of Confusion in False Enforcement Cases and Flags Related Defenses in Facenda v. NFL Films, 32 Hastings Comm. & Ent. L.J. 111 (2009). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol32/iss1/4 This Commentary is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. "It's Third and Eight!": The Third Circuit Adopts an Eight-Factor Test for Likelihood of Confusion in False Endorsement Cases and Flags Related Defenses in Facenda v. NFL Films by JUSTIN KERNER* I. Introduction ...................................................................................... 112 A. Learning the Game, Play by Play: Basic Terminology, Relevant Precedent, and Defenses Against Lanham A ct C laim s .................................................................................. 114 1. Before You Memorize the Playbook, You Separate Xs From Os: A Definition of Trademarks ....................... 116 2. History of, and Need for, the Lanham Act .....................