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Mpower

10/28/10 2:46 AM

#107370 RE: Mpower #107366

Correction - It's spelled "Lupenox" which is even closer to "Lovenox" ... :)

Trademark Infringement - Likelihood of Confusion Factors

* the similarity in the overall impression created by the two marks (including the marks' look, phonetic similarities, and underlying meanings);

* the similarities of the goods and services involved (including an examination of the marketing channels for the goods);

* the strength of the plaintiff's mark;

* any evidence of actual confusion by consumers;

* the intent of the defendant in adopting its mark;

* the physical proximity of the goods in the retail marketplace;

* the degree of care likely to be exercised by the consumer; and

* the likelihood of expansion of the product lines.