fyi - the style of clothing has everything to do with the trademark infringement.
if South Butt was using the trademark (which consists of the words and the design) on power tools, this wouldn't be a threat to The North Face. It is the "likelihood of confusion" aspect that is the basis of their claim; people are likely to believe that The South Butt is related or sponsored by The North Face. Why? Because the CLOTHING IS IDENTICAL.
In analyzing Trademark cases, there are two levels: are the marks identical? and are the goods/services related?
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Re: TMs vs BMs
Thank you for writing.
Natalie
National Trademark Center
www.trademarksprotected.com
Re: Nike Swoosh comment
if South Butt was using the trademark (which consists of the words and the design) on power tools, this wouldn't be a threat to The North Face. It is the "likelihood of confusion" aspect that is the basis of their claim; people are likely to believe that The South Butt is related or sponsored by The North Face. Why? Because the CLOTHING IS IDENTICAL.
In analyzing Trademark cases, there are two levels: are the marks identical? and are the goods/services related?
Techdirt has not posted any stories submitted by TrademarksProtected.
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