Whether the legal reasoning used to evaluate the trademark-infringement issue was subjective, incomplete, and failed to address the record and the legal-standards

QUESTION PRESENTED This petition presents a case of trademark infringement dismissed by the District Court and upheld by the Fifth Circuit on unadvocated grounds. The questions presented are: 1. Whether the legal reasoning used to evaluate the issue of trademark infringement was subjective, incomplete, and failed to address the record and the legal standards. 2. Whether the Fifth Circuit used the incorrect legal standard for a consumer, which was overly narrow and inconsistent with judgments from other circuits. See Springboards to Educ., Inc. v. IDEA Publ. Sch., No. 21-40334 (5th Cir. Mar. 8, 2023) at 17. In six other circuits, case law does not limit the definition of a consumer to whom the likelihood of confusion analysis is applied to although two circuits have misapplied limiting language in opinions, as detailed in the petition.