You are right to extent, however, even in the absence of a lack of confusion, an action can be brought where a third party in using a similar/identical mark to the original takes unfair advantage or causes detriment to the original mark.
In fact, Apple Inc and Apple Records engaged in a long-standing legal spat over the usage of the Apple mark before finally reaching a settlement in 2007.
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You are right to extent, however, even in the absence of a lack of confusion, an action can be brought where a third party in using a similar/identical mark to the original takes unfair advantage or causes detriment to the original mark.
In fact, Apple Inc and Apple Records engaged in a long-standing legal spat over the usage of the Apple mark before finally reaching a settlement in 2007.
See http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer