in applying the law to the Internet, a new, emerging technology: Holding of the district court The district court ordered a preliminary injunction against Network using the "ActiveBatch" mark. The district court analyzed the eight Sleekcraft factors and emphasized that the "Internet troika" from Brookfield were most significant, and found that they all favored Systems. The court's decision relied on Network usage of an identical mark, "ActiveBatch", to sell a product directly competing with Systems' product, and the fact both Network and Systems used the Internet to advertise. The district court also concluded that many of the other Sleekcraft factors were in favor Systems, including the degree of consumer care because "there is generally a low degree of care exercised by Internet consumers." Network promptly appealed. Opinion of the Ninth Circuit The United States Court of Appeals for the Ninth Circuit reversed the district court's decision in the case's reconsideration. It concluded that the likelihood of confusion was insufficient to support trademark infringement and therefore removed the injunction placed on Network. The Ninth Circuit clarified that in its ruling for Brookfield, it did not intend the "Internet troika" as the rigid test for trademark infringement on the Internet. Rather, it re-emphasized that the factors and principles considered in Sleekcraft are non-exhaustive and should be applied flexibly in the context of Internet commerce and other emerging technologies. The Ninth Circuit Court decided that the district court applied the Brookfield factors too rigidly, and emphasized flexibility over rigidity for the "Internet troika" from Brookfield. Relevant factors the Ninth Circuit considered are: the strength of the mark evidence of actual confusion the type of goods and degree of care exercised by consumers the appearance of the advertisements and their surrounding context on search engine results Strength of the Mark The Ninth Circuit Court concluded that this factor favored Systems, since the mark "ActiveBatch" was the name of Systems' product, and also a federally registered trademark. Any consumer searching for "ActiveBatch" were more likely to be looking for the specific product and not a category of goods. Proximity of Goods The products from Systems and Network were virtually interchangeable, so the district court considered this factor in isolation, and found it in favor of Systems. However, the Ninth Circuit Court concluded that this factor should be considered with other factors such as the labeling and appearance of the advertisements, and the consumers' degree of