When it comes to applying an eight-factor test, that is, as noted by the Ninth Circuit in Jada Toys v. Mattel, case no. 05-55627 (Filed Aug. 2, 2007, amended Feb. 21, 2008). Its a trademark case. In granting summary judgment to Jada on Mattel’s trademark infringement claim, the district court found as a matter of law that there was no likelihood of confusion between the marks (HOT RIGZ and HOT WHEELS), citing the dissimilarity of the marks as the only basis for the finding. The Ninth reverses because the district court failed to evaluate the facts under the venerable 8-factor Sleekcraft test for likelihood of confusion. Using the dissimilarity of…