About “Max” … well yes, but don’t you think that the online word should not be more policed than the “brick and mortar” off-line world. [sic!] I’d highly recommend you reading Goldman’s work about brand spillovers and explain how e.g. department stores are regularly exploiting the goodwill of brand products for selling their home brands.

And boiling it all down: Is the Internet a motorway (which just one exit every 5k), or a shopping mall (where one shop is placed right next to its competitor)?

Best!

In fact, I don’t believe all that much evidence will be needed to prove the plantiff’s case. If you consider typical consumer search strings, most don’t use the boolean logic of yore. Most consumers will either enter a single term, a well known phrase, or a plain english question. Entering of the term “FragranceNet” in this light signifies a desire on the part of the user to visit the plantiff’s website. AdWords logic that drives traffic to other sites, for remuneration to Google by other said sites, because of confusion on the part of the consumer is a clear case of trademark infringement.