There are two issues that come to mind when I decide how much sympathy to allocate:
1) Is the trademark sufficiently unique to have merit?
2) Is the infringing trademark similar enough to cause confusion?
I'll give WhosHere a pass on #1. It's a poorly-chosen trademark but I've seen worse. However, nobody can claim with a straight face that customers are confusing WhosNearMe for WhosHere. This is preposterous on its face.
1) Is the trademark sufficiently unique to have merit?
2) Is the infringing trademark similar enough to cause confusion?
I'll give WhosHere a pass on #1. It's a poorly-chosen trademark but I've seen worse. However, nobody can claim with a straight face that customers are confusing WhosNearMe for WhosHere. This is preposterous on its face.
This jury finds for the defendant.