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Perry Viscounty, Jennifer Barry, and Deborah Gubernick of Latham & Watkins, LLP unpick the thorny issue of hearsay in consumer confusion infringement
Your client is a manufacturer of a high-quality line of sporting goods, distributed only by certain retail stores, branded
as Grizzly Bear sporting goods, with a distinctive growling bear logo on all products. Your client receives a phone call from
one of its sales manager reporting that at least 10 customers have complained that Grizzly Bear products are on sale for a
much lower price at a nearby unauthorised reseller.
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