Trademark popularity, trademark similarity is an infringement?
Trademark popularity, trademark similarity is an infringement.
Trademark similarity and causing confusion among the public and consumers are the two most commonly used grounds for trademark cases. In order to prove that the infringing party has maliciously used famous brands to cause confusion among the public and consumers about two similar trademarks and goods, many rights holders have used a large amount of evidence to prove that their trademarks are well-known trademarks to prove that the infringing parties have maliciously used famous brands to cause public confusion. Confuse consumers with, and mistakenly purchase products with misidentified infringing trademarks, in order to achieve the illegal purpose of unfair competition and obtaining goodwill of famous brand trademarks.
But on the other hand, if the right holder's trademark is extremely well-known, it may cause the public and consumers to pay special attention to distinguishing products with well-known trademarks from products with infringing trademarks. Various details will make it less likely to cause confusion and misunderstanding.
This may be contradictory and conflicting with the reasons and facts proving that the two trademarks are similar and proving that similar trademarks will cause public confusion. It is said that things must be reversed when they are extreme, and going too far is not enough. If the truth goes further, it will be a fallacy.
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