likelihood of confusion
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.”