Opinion
The opinion
MARKEY, Chief Judge
(dissenting).
The fame of Blue Shield plus the association of health with mattresses is likely to lead to confusion, of which assumed sponsorship is one form. The marks are likely to be spoken at least as *1256 much as seen, making the shield of little effect. The climate for actual misrepresentation, i. e., a likelihood of confusion, seems clear.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.
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