I agree with all of that. Except that bc I am with the defendants, in the hypo McDougall's should sell chicken or veggie burgers. Meaning, no one who actually ate McDougall's would mistake it for McDonald's and ppl who want McDonald's won't be satisfied with McDougalls.

Like there was no danger here that ppl would think Blurred Lines is a Marvin Gaye song or that GTGIU is by Thicke. Plus though BL reminds one of GTGIU when one tries to sing one on top of the other it's clear they aren't the same bc they go off in different directions.

But if I were on the plaintiff side talking to ppl who know CTA I'd make that analogy. I like it.