ST Alpha - "At a technical level, sure. But trademark law operates at a non-technical level." (Reading a Post)

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In response to "I see what you're saying - but given that the product was entirely unrelated on a technical level, it seems that it leans toward a middle ground" by Beryllium

At a technical level, sure. But trademark law operates at a non-technical level.

Posted by ReluctantCynic (aka ReluctantCynic) Mar 23 '16, 20:54

The assessment is "Would a reasonably informed consumer be confused about the source of this product?"

The "champagne" trademark dispute is a good example. It wasn't the opinion of winemakers or vineyard growers that mattered; they were too technical and specialized. But it also wasn't the opinion of the general consumer that mattered; they weren't informed enough about the market. It was the "Mamma Bear" group that mattered -- the opinion of your average wine drinker that mattered.

Responses:

Ah, I see. -- nm - Beryllium Mar 23, 21:02 2
- And thank you. I feel like I accomplished something meaningful today. -- nm - ReluctantCynic Mar 23, 21:10 1
  - Excellent! -- nm - Beryllium Mar 23, 21:12

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At a technical level, sure. But trademark law operates at a non-technical level.

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