Trademark News & Screw-ups Boston Red Sox File Trademark Opposition Against WormSox App

Indirect factors that show intent to create a mental reference to a previously applied-for or registered trademark are often relevant in assessing whether two marks are confusingly similar. Basically, if you can show that it's not a coincidence that the newer brand is coined in a particular way, you will have a much stronger case opposing the other mark. Looks like this is exactly what is in play here. Frankly, I would be surprised if WormSox ever responds to the opposition. If they don't, their trademark application will be deemed abandoned.

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