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"We just think there's no likelihood of confusion," Mr. Terrana said.
Consider the court's finding that the sex-toy manufacturer created a likelihood of confusion over the General Electric trademark.
"Likelihood of confusion, as you can guess, isn't a bright-line standard," or clear-cut division, he said.
But the recent slew of policies and statements are not all joined up, and there is a likelihood of confusion when being implemented.
"The majority of factors weigh in favour of a finding of likelihood of confusion, and no factor weighs against such a finding," he wrote.
4. Google's use of the Rosetta Stone Marks results in a likelihood of confusion, including evidence of actual confusion, which should defeat summary judgment.
In deciding whether to impose liability, courts inquire about the "likelihood of confusion" between a trademark-protected product and another product.
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Other defences included claiming no likelihood of consumer confusion between an authorised Navajo clothing item and the pants, using alternate spellings of the word and arguing that the contested product was not a handicraft, Scafidi said.
There is, however, something that every election district can do this year to reduce the likelihood of voter confusion: Make the ballots available just before they are locked into final form, and let ordinary citizens test them on the equipment that will be used on Election Day.
As the doctrine is a guideline rather than a rule, it has been criticized with commentators noting that United States courts are often contradictory and inconsistent in their application of the doctrine, and that it provides little guidance to owners when choosing their marks or to courts when assessing protectability or likelihood of mark confusion.
The test: Does the use of a hashtag create a likelihood of association or confusion with the products or services of a trade mark owner?
More suggestions(20)
occurrence of confusion
likelihood of misinterpretation
risk of confusion
likelihood of disruption
possibility of confusion
likelihood of turbulence
chance of confusion
likelihood of dislocation
likelihood of distress
likelihood of apprehension
likelihood of embarrassment
likelihood of unrest
likelihood of distraction
likelihood of chaos
likelihood of revenge
likelihood of repeat
likelihood of success
likelihood of overdose
likelihood of promotion
likelihood of retaliation
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com