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... "I see invisible rabbits" would be my choice.
MyFonts, who, in my thinking, is as great an offender as Berthold.
Luke Freeman said:
Wont be able to use Cinderella due to ITC Cinderella fontAs my understanding Bethold don't own any rights to the name "Popelka" (Cinderella) as I'm aware it's a story in the "public-domain" and has no "copyright over the name nor material".
The test for traditional trademark infringement is "confusing similarity." That is, the test for trademark infringement asks whether the ordinary buyer -- not looking for subtle differences or fine details -- would believe both products (or services) came from the same source. The key to trademark infringement is "likelihood of confusion," i.e., whether two marks are sufficiently alike to cause consumer confusion as to their source or origin. Courts consider the following factors in determining likelihood of confusion:
1. Similarity of the conflicting marks;
2. Relatedness or proximity of the two companies;
3. Strength of the senior users mark;
4. Marketing channels used;
5. Degree of care likely to be used by purchasers in selecting the goods;
6. The "second comer's" intent in selecting its mark;
7. Evidence of actual confusion;
8. Likelihood of expansion in product lines.