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I don't know whether you're right or not, but I do know it isn't prudent to have ZERO doubt about anything - but especially legal matters - without first doing the relevant research. And even then, courts disagree all the time, so I can't imagine ever being 100% certain that a ruling would never go a certain way.

To be even reasonably certain in this case, I would need case law of similarly well-known brands being challenged. Do you have some? Capturing 40% of their target market seems pretty well known to me, but again, that's meaningless without the case law.




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