ISSUE:
Whether the defendant's trademark 'zexate' is confusingly similar to the plaintiff's registered trademark 'Mexate' to the point of deception or confusion?
Whether the plaintiff is entitled to a temporary restraining order prohibiting the defendant from using the trademark 'zexate'?
RULE:
When determining deceptive similarity, the rule takes into account different variables, such as the nature of the marks, degree of resemblance, kind of goods, class of customers, and other surrounding conditions.