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Sophisticated Users are definitely one factor that weight in favor of developers, but in my view it’s outweighed by the degree of similarity of the two marks, t
by FemmeAndroid 6y ago
Sophisticated Users are definitely one factor that weight in favor of developers, but in my view it’s outweighed by the degree of similarity of the two marks, the similarity of the services, the uniqueness of Elastic as a mark, evidence of actual confusion (before reading Elastic’s complaint, I was confused by the names, and I’ve been involved in making decisions about the use of these kinds of services.)