When the "trademark bully" epithet is hurled at a trademark owner "caught in the act" of enforcing or otherwise protecting its intellectual property rights, another common accompaniment is the expressed outrage and indignation that no one could ever possibly be confused.

Here are a few points worth noting:

1. The test of infringement is likelihood of confusion, not actual confusion.

2. Likelihood of confusion is not only to source, but sponsorship, affiliation, etc.

3. If a famous mark is involved, likelihood of confusion isn't even required.