Tuesday, February 26, 2013

The baddest footnote on consumer confusion

I'll blog the Amazon v. MTM Watches case later, but for now:
Additionally, the instant situation does not appear to be a case of palming off in the traditional sense. It is akin to the consumer asking for a Coca-Cola and receiving a tray with unopened, labeled, authentic cans of Pepsi-Cola, RC Cola, Blue Sky Cola, Dr. Pepper, and Sprecher Root Beer, and a copy of Coca Kola: The Baddest Chick, by Nisa Santiago. This is a substitution, but given the context it is not infringing because it is not likely to confuse.
Yes, I know, analogies are dangerous.  But this one's so good!

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