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Suppose instead that Wheego chooses the name OPTIMUM for its new car in order to convey that the car is the best possible combination of cost and performance. Wheego will market its electric car to customers interested in a vehicle with good fuel efficiency.
Les Seagraves is worried, however, about Kia's use of the mark OPTIMA, which it has used ands advertised nationwide for many years ands which has become a well-known brand name. Kia has used the mark for gasoline and hybrid (gas and electric) cars that it markets to consumers looking for vehicles with good fuel efficiency.
As noted in the initial fact pattern, the average car costs around $30,000+ and people take an average of 16 days to decide which car to buy. But Seagraves is worried about the potential for confusion between the two marks.
Analyze the extent to which Wheego is likely to be found liable for trademark infringement of Kia's OPTIMA trademark if it adopts and starts using the mark OPTIMUM in the U.S. for Wheego's new electric car. Make sure to analyze all relevant factors, based on the facts provided and any other information upon which you may rely.
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