Likelihood of Confusion - Extent of Potential Confusion



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  • Case Finding: Under the twelfth du Pont factor (the potential for confusion, i.e., whether de minimis or substantial), we find that the goods involved here are the type of goods that would be marketed to and purchased by significant numbers of purchasers, and that the potential for confusion therefore cannot be deemed to be de minimis. The twelfth du Pont factor is neutral, at best.
    • In re Davey Products Pty Ltd., Serial No. 77029776 (TTAB 2009)
      • Under the twelfth du Pont factor (the potential for confusion, i.e., whether de minimis or substantial), we find that the goods involved here are the type of goods that would be marketed to and purchased by significant numbers of purchasers, and that the potential for confusion therefore cannot be deemed to be de minimis. The twelfth du Pont factor is neutral, at best.
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