accommodation and tends to support the contention that in the context of gambling activity in general palace is indicative of a source of such services. "Caesars" is clearly the stronger identifying element of the trademark, but to a significant degree palace alone is associated in consumers' minds with Caesars and casino gambling.
The second survey pointed to the same conclusions. Its objective was to determine the full name associated with "Caesars" and three other casinos - Trump's, MGM and Bally's. 298 different persons of the same categories as those who participated in the first survey were interviewed. Respondents were asked to recall names of Atlantic City and Las Vegas casino hotels who were also shown cards containing the names Caesars, Trump's, MGM and Bally's and were asked to complete the names of each one.
When asked to name Atlantic City casino hotels, 67.1 percent mentioned "Caesars" and 3.7 percent specifically referred to "Caesars Palace." When asked to name Las Vegas casino hotels, 44 percent were aware of "Caesars" and 8.4 percent specifically mentioned "Caesars Palace."
After being shown a card containing the word "Caesars" and asked to complete the name of that casino hotel, 56.7 percent replied "Palace." By comparison 28.9 percent associated "Castle" with "Trump's," 32.6 percent associated "Park Place" with "Bally's" and 25.2 percent associated "Grand" with "MGM". It can be seen that among likely gambling consumers in Atlantic City the link between "Palace" and "Caesars" is substantially higher than the name association of the three other casino hotels included in the survey.
Thus "Caesars Palace" and "Palace" are not only fanciful, non-generic names when used in conjunction with casino hotels, they achieve a significant role as the identification of source even in Atlantic City where as yet the word "Palace" is not formally used in the official name of Caesars casino hotel. This conclusion is in accord with holdings in earlier cases which found Caesars Palace to be a strong trademark. See Caesars World, Inc. v. Caesars Palace, 490 F. Supp. 818 (D.N.J. 1980) and cases cited therein.
Although Trump attacked the methodology and conclusions of Caesars' surveys, I find these attacks unpersuasive and find that the surveys are a good measure of the significance of the marks "Caesars Palace" and "The Palace" in the minds of the gambling consumer in Atlantic City and elsewhere.
D. Likelihood of Confusion : Caesars World has established that its trademarks "Caesars Palace" and "The Palace" as applied to casino hotels are not generic and are valid. It is necessary to determine whether Trump's adoption of the name "Trump's Palace" for his casino hotel in Atlantic City is likely to cause confusion, mistake or deception. In Scott Paper Co. v. Scott's Liquid Gold, Inc., 589 F.2d 1225 (3d Cir. 1978) the Court set forth ten factors to be considered in determining whether the potential for confusion exists.
(1) the degree of similarity between the owner's mark and the alleged infringing mark; (2) the scope of the owner's mark; (3) the price of the goods and other factors indicative of the care and attention expected of consumers when making a purchase; (4) the length of time the defendant has used the mark without evidence of actual confusion arising; (5) the intent of the defendant in adopting the mark; (6) the evidence of actual confusion; (7) whether the goods, though not competing, are marketed through the same channels of trade and advertised in the same media; (8) the extent to which the targets of the parties sales efforts are the same; (9) the relationship of the goods in the minds of the public because of a similarity of function; (10) other facts suggesting that the consuming public might expect the prior owner to manufacture a product in the defendant's market.