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Second, the issue of relatedness of the goods should be further considered, since the Board found that the evidence "suggests that the goods are sold in the same channels of trade to the same purchasers." Again, the Board treated this factor as an all-or-nothing proposition, but the evidence of relatedness should be considered on a "sliding scale." Judge Newman pointed to the TTAB's non-precedential opinion in In re Licores Veracruz, S.A

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