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SIMILARITY OF MARKS |
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Big says: Small's mark "TaxHQ" is identical to Big's mark "TaxHQ". The marks look and sound alike and are in fact identical. See Official Airline Guides, Inc, 6 F.3d, at 1392 (a court must assess the similarity of the marks in terms of their sight, sound, and meaning, with similarities weighed more heavily than differences); Sleekcraft Boats, 599 F.2d at 351 (same) Small says: Agreed. With respect to Sleekcraft factor #1 (similarity of marks), there is no question that the marks are similar. They were similar for nearly three years before the litigation, to everyone's knowledge. If likelihood of confusion were to be determined on this factor alone, the only question is whose mark must suffer. |
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