When I recently snapped the above image of a t-shirt on display at a large retailer in the Twin Cities, it made me want to ask the same question many survey experts will ask of respondents to determine whether a likelihood of confusion exists in the marketplace: Who put this out?
What percentage of respondents do you suppose would answer: The same one that puts out these french fries (specimen of use from this non-traditional trademark registration):
Note how the Golden Arch is not part of the claimed mark, as registered, only the colors, the predominant red color with vertical yellow lines exposed from the inside of the carton.
So, do you suppose Ronald is lovin’ it, the t-shirt that is, or not?