In correspondence to me from Reed Elsevier's legal counsel dated June 8,
2001, the following:
"Consumers are likely to believe there is an approval or a sponsorship of
the online resource service offered under the term 'LexNotes.' Of course,
the links available from the LexNotes website to the various L-N websites,
including the 'lexisONE' website of L-N, only enhances this appearance of
approval. It is our opinion that a strong case can be made that 'LexNotes'
is likely to lead to confusion of consumers as to source, approval or
sponsorship vis a vis any one of a number of the LEX composite marks of
REPI--that is, a traditional likelihood of confusion finding could be made
with each of these LEX prefix composite marks of REPI and L-N."
The letter cites cases and argues that Lex in various Lexis trademarks is
like Mc in McDonalds and R Us in Toys R Us. Hence the Lex in LexNotes will
confuse consumers into thinking that LexNotes is a Reed Elsevier or Lexis
product.
I hope to be able to visit with some of you at AALL next month in
Minneapolis on whether the Lex in LexNotes is likely to confuse anyone at
your schools, libraries, or firms into thinking that LexNotes is a Reed
Elsevier or Lexis product. I am willing to consider Lexis' claim, but do
not have any evidence of confusion, nor would I have thought that lawyers,
law librarians, paralegals, law schools, and other consumers of online legal
information would be confused.
T. R.
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