Mirage Hotel And Casino Las Vegas

After consideration of the various approaches other courts have taken, we conclude that, in Nevada, likelihood of confusion will be considered a factual issue. We therefore conclude that the district court, in this case, erred by determining the likelihood of confusion issue as a matter of law.

In determining whether it is likely an appreciable number of consumers will be confused by similar tradenames, courts, regardless of whether they view this ultimate decision as factual or legal, have considered the following factors:

1. The degree of similarity between the tradenames, including appearance, pronunciation, and suggestion of the tradenames;

2. The similarity of services offered by the users;

3. The marketing channels used by the junior and senior users;

4. The evidence of actual confusion;

5. The strength of the senior user's name;

6. The intent of the junior user in adopting the tradename; and

7. The degree of care likely to be exercised by purchasers.

See Levi Straus, 778 F.2d at 1364 (9th Cir.1985) (Nelson, J., dissenting); Wells Fargo & Co. v. Wells Fargo Express Co., 358 F.Supp. 1065, 1106-07 (D.Nev.1973) (quoting Chester Barrie, Ltd. v. Chester Laurie, Ltd., 189 F.Supp. 98, 101 (S.D.N.Y.1960)), vacated, 556 F.2d 406 (9th Cir.1977); McCarthy, supra, at § 23:4.