7-6. TRADEMARK INFRINGMENT. A&H Sportswear Co., a swimsuit maker, obtained a trademark for its MIRACLESUIT in 1992, The MIRACLESUIT design makes the wearer appear slimmer. The MIRACLESUIT, which was widely advertised and discussed in the media, was also sold for a brief time in the Victorias Secret (VS) catalogue, which is published by Victoria’s Secret Catalogue, Inc. In 1993, Victoria’s Secret Stores, Inc., began selling a cleavage-enhancing bra, which was named THE MIRACLE BRA and for which a trademark was obtained. The next year, THE MIRACLE BRA swimwear debuted in the VS catalogue and stores. A&H filed a suit in a federal district court against VS Stores and VS Catalogue, alleging in part that THE MIRACLE BRA mark, when applied to swimwear, infringed on the MIRACLESUIT mark. A&H argued that there was a “possibility of confusion”

between the marks. The VS entities contended that the appropriate standard was “likelihood of confusion” and that, in this case, there was no likelihood of confusion. In whose favor will the court rule, and why? [A&H Sportswear, Inc. y. Victoria’s Secret Stores, Inc., 166 E3d 197 Gd Cir. 1999)]