context: First, defendants have presented the results of double-blind telephone survey of 403 randomly selected adults conducted by the Field Research Corporation. See Jay Deck, P 1. In that survey, respondents were read the sentence "We have pledged a minimum of 1.5 million dollars worldwide to charity as a/in tribute to the beloved Princess Diana," and were then asked "What does this sentence mean to you?" and "When the sentence refers to charity does any particular charity or organization come to mind?" Id., P 2. Aggregating responses across both questions, only 6.9% of respondents said they thought money was being donated to "a/the Princess Diana fund; the Princess Diana trust fund; the Princess Diana organization; Diana or Princess Diana's/her charity."
citation_a.signal: see also
citation_a.identifier: 717 F.2d 352, 358
citation_a.parenthetical: collecting cases and holding 7.6% confusion finding weighs against infringement
citation_a.sentence: Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eggs and Leg Looks provided significant degree of actual confusion); see also Visa Int’l Service Ass’n v. Eastern Financial Credit Union, 24 U.S.P.Q.2d 1365, 1368, 1992 WL 138231 (9th Cir.1992) (6.7% confusion between marks insufficient to show actual confusion for purposes of preliminary injunction); Henri’s Food Products Co., Inc. v. Kraft, Inc., 717 F.2d 352, 358 (7th Cir.1983) (collecting cases and holding 7.6% confusion finding weighs against infringement).
citation_b.signal: no signal
citation_b.identifier: 81 F.3d 455, 467
citation_b.parenthetical: holding 30-40% confusion between L'eggs and Leg Looks provided significant degree of actual confusion
citation_b.sentence: Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eggs and Leg Looks provided significant degree of actual confusion); see also Visa Int’l Service Ass’n v. Eastern Financial Credit Union, 24 U.S.P.Q.2d 1365, 1368, 1992 WL 138231 (9th Cir.1992) (6.7% confusion between marks insufficient to show actual confusion for purposes of preliminary injunction); Henri’s Food Products Co., Inc. v. Kraft, Inc., 717 F.2d 352, 358 (7th Cir.1983) (collecting cases and holding 7.6% confusion finding weighs against infringement).