The surrounding context explains that there are hundreds more, and consumer surveying to back up the claim:
A few of the hundreds of examples of actual confusion are attached as Exhibit C. Moreover, an objective empirical survey by a leading professional survey expert indicates that a significant degree of marketplace confusion is caused by your infringing use of the WORDPRESS and WOOCOMMERCE trademarks.
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they might have a case
To be clear, I don't believe they have a case, I wasn't commenting with the intention of saying that. They only have a cease and desist letter at the moment. There is no admissing of evidence at this point, there are only letters.
If there were a case, there's probably a good chance they will lose due to what you describe -- unenforced trademarks.
Comments
The surrounding context explains that there are hundreds more, and consumer surveying to back up the claim:
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To be clear, I don't believe they have a case, I wasn't commenting with the intention of saying that. They only have a cease and desist letter at the moment. There is no admissing of evidence at this point, there are only letters.
If there were a case, there's probably a good chance they will lose due to what you describe -- unenforced trademarks.