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Well, true... up to a point. But the motivations behind patent law are so different from those behind trademark law that I'm not sure it's a relevant comparison.

And one of the tests in trademark law is if a reasonable person would be confused between the original and the imposter. So you only have to have 'reasonable' knowledge of other brands in your industry.


I think the actual test is if the intended audience would get confused between the original and the imposter (see the H. R. Pufnstuf v. McDonald's case, although that's copyright, not trademark).


> that's copyright, not trademark



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