We lawyers are often accused of being indecisive. You have a
strong case... mind you there have been cases that have gone the
other way... it's really not possible to anticipate what the
judge will make of this. It all sounds so weak!
But it's not that we're wimps. Many cases are genuinely
hard to call because the law's so uncertain. For example, cases
involving that most basic of trade mark conundrums - whether a
trade mark is too close to an earlier trade mark.
In some cases, the two parties are interested in exactly the
same goods and the issue is simply whether the trade marks are
confusingly similar. This is relatively easy, and the courts have
laid down all sorts of tests and considerations that need to be
borne in mind, for example: consider the names visually,
phonetically and conceptually; consider whether goods of that type
are bought by discerning people or by all and sundry; consider
whether goods of that type are bought only after careful
consideration
