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Expert Analysis

1st Circ. Ruling Clarifies Limits Of 'Actual Confusion'

Law360 (September 3, 2008, 12:00 AM EDT) -- Likelihood of confusion has long been the lodestar of trademark infringement analysis. Among the evidence considered in such an analysis, so-called "actual confusion" evidence is routinely seen as the best evidence of a likelihood of confusion,[1] such evidence having been deemed "highly probative, if not conclusive, of a likelihood of confusion."[2]...

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