PrincipleINTELLECTUAL PROPERTY LAW — Trade Marks — Test for Comparison of Conflicting Marks
- Area of law
- INTELLECTUAL PROPERTY LAW
- Court
- Supreme Court
The correct test for confusing similarity is not side-by-side comparison but imperfect recollection. The court must consider whether an ordinary purchaser with a general, imperfect recollection of the registered mark would be deceived into thinking the defendant's mark is the same. Side-by-side comparison is too…
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