Originally Posted by EL72
I'm not an IP lawyer (though my wife is) but my understanding is that if the name or logo causes confusion in the eyes of an average consumer, then it is infringing on the trademark, irrespective of the exact spelling or specific design.
I am also an IP lawyer, and while the test is indeed whether consumers are likely to be confused, there are a number of factors to be considered, including the sophistication of the relevant consumers. In this case, the makers of "fake" Borrelli would have a reasonable argument that consumers who are in the market for $400 Borrelli shirts (i.e. the members of this forum) are sophisticated enough to immediately realize that the "fake" Borrelli ties are not produced by Luigi Borrelli, particularly given the differences between the logos. This thread piqued my interest so I did a quick search on the PTO website - Luigi Borrelli's only trademark registration is for the mark LUIGI BORRELLI NAPOLI (although they would have common law rights in the mark BORRELLI). However, a company called Design-Italia LLC filed an application for BORRELLI HAND-STITCHED, which was refused registration based on the earlier LUIGI BORRELLI NAPOLI mark. This might be the same company that is responsible for the ties on eBay.