In an article that ran in GSA Business Report and the Charleston Regional Business Journal, Tim St. Clair was quoted on how courts sort through trademark battles. 

“It’s very subjective,” Tim said. “Trademark confusion is very much in the gray zone – there are very few black and white answers.” He then described the list of factors that is “almost biblical in its significance in this area” and explained its relevance for the trademark dispute between Duke’s Mayonnaise and Duke Foods. 

“It all circles back to trying to measure what will actually happen in commerce," Tim said. "The fundamental purpose of trademark law is not to reward the trademark owner – the fundamental purpose of trademark law is to avoid consumer confusion.”

You can read the full article here. GSA Business Report and the Charleston Regional Business Journal are the leading business journals in Greenville and Charleston, South Carolina.