While this type of judicial candor, like political incorrectness, could be considered bad form, it is nevertheless true that ours is not just a government of laws, but is also a government of men/women. We like to think that the law is precise, but in every day practice, the question is how the law is interpreted. We nevertheless need to attempt to keep the gap between the law and how is interpreted as narrow as we can, since the opposite and unacceptable extreme, as has been noted, is to make everything illegal, then manage the justice system by selective enforcement.

The foregoing observations apply particularly to many "principles" of trademark law, including the term "likelihood of expansion". Right now, if you are Google, virtually anything could be said to be within the area where you are likely to expand and, on the other hand, if you are the operator of Sally's Doilies, the likelihood of your expansion into heavy road-working machinery is nil.