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afforded to clampdown on people that are encroaching upon their legally protected mark. >> shannon: yeah, and there were essentially two defendants here. there was one, which was a store that was carrying these t-shirts that are made by the maker, so the store stopped selling them, as you mention, that means they are out and it is just down to the t-shirt maker. they are the only wants still on the hook. tunnel arguments to harry and then joe then joe. >> joe has it right, but the legal standard, would someone really be confused -- not is this a whimsical whale, but would somebody think, oh, that is a vineyard vines shirt? no way. >> shannon: joe? >> look, when you see an alligator, you think of low cost or izod. when you see a man on a horse, you think of polo, and you see a whale, you think of vineyard vines. it is just that simple. it can create some confusion, and if it can likely create some

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