specifically teachers that registration is incontestable says one thousand nine hundred ninety seven registration for survivors for body boards of surf ords and a registration for sunscreen preparations and balm that has a priority date of june one thousand nine hundred three each of these registrations are for the mark survivor in block letters the defendants specifically t defendants began a marketing merchandising program using their survivor mark this was of course long after the plaintiffs in this case survivor media mystery get to will begin using their survivor  paragraph number thirty four the complaint which is half page eight of the record of where we make  forte and i hope i pronounced it correctly true play versus what's your case which was decided by the sort of district in new york in two thousand and one the district court in that case recognized that in the real world confusion was an issue previously the court below decided that the products were not related because there are directed to a different segment of the public and obviously not to be considered interchangeable and i suggest you that when you go along   rubs and you see on the shelf survivor sunscreen survivor sunscreen right next to each other to cook just say that they're directed to a different segment of the public and are obviously not interchangeable boggles my mind as i say the fact the matter is there as the photograph which is and record twenty four reflects there on the shelves right next to each other the wrong person knows the time location downtown or i don't think either survivor been distributed widely in the same character that's possible but the fact shows as of course noted that the plaintiff products were almost exclusively in hawaii and the defense products were almost exclusively on the mainland there was only a very minimal overlap i'll explain that when i get to and finally be the witness of the mark the words survivor as a trademark whether it's on my client's product or on the plans with respect to the difference between  in contrast to survive of course all of the server merchandise i put up my clients highlights the connection to the t v show which of course is based on the theme of survivor  that is how my friends more peers in congress survivor and then added the word search on to it is there's no question that there's that element to it but you have to look at the sight sound and meaning and the overall meaning and its mark particularly when you when you see it the only way it appears on merchandise all the licensees who produce any of our souvenir merchandise are contractually obligated to and do put the entire logo on the teacher and i think the plan is counter recognize that that logo precludes  any possibility of confusion because they repeatedly attempt i'm sorry teaching there is there is no we have no evidence there's no evidence the record of a moderate he changed with this love is the university of hawaii logo that's that's that's seventy eight percent of their product has nothing to legally and this was in preparation for this lawsuit mr director goes into the store knowing that they don't carry survivor sunscreen and he goes out to a cause he's in the same spirit as you want to consider survivors  think our number that we presented in the district court in response to that motion was i'm i don't remember for sure you are but i think was over five hundred thousand oh well you know at least one judge on this panel is very skeptical of your case speak for