likelihood of confusion
Evidence of third-party Cinderella dolls long having been marketed domestically, as well as the long history of the fairy tale, convinced the Board that Disney’s mark was too weak to block United Trademark’s.
It's said that imitation is the sincerest form of flattery. But vanity flatters no one. Certainly that's so in an interesting trademark spat that pitted music-loving fans on one hand and a maker of intimate and bedroom apparel on the other.
The court found the Yelp comments demonstrated the consumer’s then-existing mental state of confusion and were not used “to prove the truth of the matter asserted in the comment.”