5th Circuit holds that inquiries weigh less than lost sales but can still be evidence of actual confusion
43(B)log
SEPTEMBER 11, 2023
Here, I think we might be starting to see what a post-Abitron, post-JDI world could look like: courts may begin to reestablish distinctions between registered trademarks and unregistered matter protected by unfair competition law, based this time on statutory interpretation rather than conceptual categories.
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