In support of its case, RE / MAX had commissioned a survey by a marketing professor that found evidence of actual confusion among the public between RE / MAX and the brokerage. (realtormag.realtor.org)
Often, clients don't recognize the need to consult with an IP attorney until they are being challenged, sued or actual confusion occurs. (lexblog.com)
The court found this to constitute actual confusion, which could not be remedied even through reasonable care on the part of the consumers. (blog.internetcases.com)