In 1978, a British judge coined what would become one of law's most memorable phrases. While ruling on a trademark dispute between two newspapers, Justice Foster declared that "only a moron in a hurry" could confuse the Communist Party's Morning Star with the forthcoming Daily Star tabloid.
The "moron in a hurry" test became useful way for courts to evaluate trademark infringement cases. The core idea is this: if even someone rushing and paying minimal attention wouldn't mix up two similar brands or products, then there's no legitimate case for trademark infringement. This British way of setting an extremely low bar for consumer discernment has since appeared in numerous high-profile cases, including the 2006 battle between Apple Corps (the Beatles' record label) and Apple Computer over iTunes.
From Wikipedia:
In 2006 the phrase was used in legal argument in the case of Apple Corps v Apple Computer, between Apple Corps (the record label started by the Beatles in 1968) and Apple Computer Inc. (makers of Macintosh computers). Apple Computer argued that "[e]ven a moron in a hurry could not be mistaken about" the difference between iTunes and the Apple Corps record label. Apple Corps' logo was a green Granny Smith apple, whereas Apple Computer's logo was a "cartoonish apple with a neat bite out of its side". Judgment was given in favour of Apple Computer Inc.
The "moron in a hurry" test has traveled beyond British courtrooms. Pakistan's Sindh High Court applied it in a 2017 case involving competing syrup drinks, while Canadian courts initially embraced, but later refined it into the more politely worded "ordinary hurried purchaser" standard. Even American attorneys have borrowed the phrase: "Attorney Marc J. Randazza used the phrase as part of his defense in Beck v. Eiland-Hall for his client's use of Glenn Beck's name in a parody website."
Previously:
• 'With the Chemex, even a moron can make good coffee.'
• Oops! NBC says Tillerson didn't actually call Trump a moron. He really said 'f-ing moron.'
• Here is one way to be a 'touron' (tourist plus moron): stand too close to elk and see what happens
• Out of frustration, Dr. Fauci calls GOP Senator Roger Marshall a 'moron'
