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The Trademark Blog

The Trademark Blog

Published by Martin Schwimmer

May BE not

By Marty Schwimmer on December 19, 2002
Posted in Uncategorized

Eighth Circuit affirms lower court decision enjoining May Department Stores from using BE as a line of clothing as a result of likelihood of confusion with BeBe clothing’s senior BEBE mark.  BeBe’s employees’ testimony of instance of actual confusion makes up for absence of survey evidence.  Thanks to How Appealing.

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About the Author

Martin Schwimmer is a partner in Leason Ellis, an IP law boutique in White Plains, NY. His practice is concentrated in the area of U.S. and international trademark law and domain name counseling, prosecution and litigation.

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