In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that it would consider certain factors about possible infringement; the factors do not include:

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All of these factors are considered by the court in trademark infringement cases. The defendant's intent in selecting the mark, the similarity of the marks, the strength of the plaintiff's mark, and evidence of actual confusion by consumers are all relevant to determining whether there has been infringement.

In Audi AG V