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When the Last One to the Finish Line Can Still Win the Race: The Reverse Confusion Theory of Trademark Infringement
Among other things, this article will provide an overview of the reverse confusion theory, discuss the most recent Ninth Circuit case to apply the thoery, explain how the theory and likelihood of confusion analysis differs from a "typical" trademark infringement analysis, and comment on a recent case where the jury awarded damages against Walmart based on a reverse confusion theory.
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