Morning trademark musing: There are two companies currently involved in a trademark and trade dress dispute. I buy the contested products from both of them.
The purported mark owner has messed up 50% of my orders and I just learned that while it sells gift sets, it doesn't provide wrapping, gift receipts, or gift messages.
The accused infringer has flawless execution when it comes to distribution & delivery. It provides gift options.
If the purported mark owner loses sales to the accused infringer, how much can/should be attributed to the latter's much better service? For this consumer, that counts for a lot.
