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“Convincing evidence of significant real confusion happening below real marketplaces conditions is the best evidence of a likelihood of frustration.” 3 J. McCarthy, McCarthy on Trademarks and you can Unfair Battle . Its lack of for example proof isnt dispositive, yet not. Pick Kraft Standard Food, Inc. v. Allied Old English, 831 F. 123, 130 (S.D.N.Y. 1993); Wynn Petroleum, 839 F.2d at 1188. A successful Lanham Act plaintiff you prefer simply show an adequate prospective out of distress, perhaps not actual dilemma. Daddy’s pions Club, Inc. v. This new Champions away from Golf club, Inc., 78 F.three dimensional 1111, 1119 (6th Cir.1996):

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