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The Mockingbird Foundation is a non-profit organization founded by Phish fans in 1996 to generate charitable proceeds from the Phish community.
And since we're entirely volunteer – with no office, salaries, or paid staff – administrative costs are less than 2% of revenues! So far, we've distributed over $2 million to support music education for children – hundreds of grants in all 50 states, with more on the way.
Tmwsiy boiled this down to its very essence , an is absolutely correct that the ultimate test applied here to determine the result (if practical decisions do not moot the point) is whether the alleged infringement causes consumer confusion; He is also right (or whoever raised it) that whether the mark at issue purports to be competing in the same industry/trade, increasing possibility of consumer confusion. Thx peeps.