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The interesting aspect of this case is not so much the decision few would argue that the marks are too similar (except of course if this was your former licensee who had built up trading goodwill using your brand only to switch it to something arguably similar after selling counterfeit products of your own brand) but the lessons for licensors

PMC 6486227

Specifically, warning text and symbol placement adjusts per state regulation

These prices take a turn for the worse after accommodating taxes and duties on these tobacco products

This leads to irritated, darkened skin, especially around your ankles

Again, while it seems to make sense, it doesnt any smoke exposure significantly slows down healing and weakens your immune system at the same time