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The band started as a duo between Leeb and fellow Front Line Assembly member Michael Balch. Their debut: Faces, Forms & Illusions, contained sample-heavy collages of industrial and dark ambient music akin to Skinny Puppy and Front Line Assembly, of which Leeb and Faces collaborator Rhys Fulber were members. Fulber took over for Balch in time for Delerium's second album: Morpheus -– a position he has held until the present, barring a brief absence that resulted in the 2000 album Poem, made instead by Leeb with Chris Peterson (also a Front Line Assembly alum).
\"No evidence of actual confusion is required in order to prove a likelihood of confusion.\" Ideal Industries, Inc. v. Gardner Bender, Inc., 612 F.2d 1018, 1024 (2d Cir.1979). However, \"it is certainly proper for the trial judge to infer from the absence of actual confusion that there was also no likelihood of confusion.\" McGregor-Doniger Inc. v. Drizzle Inc., 599 F.2d 1126, 1136 (2d Cir.1979), citing and quoting Affiliated Hosp. Prod., Inc. v. Merdel Game Mfg. Co., 513 F.2d 1183, 1188 (2d Cir.1975). Given significant volume of sales over time, isolated instances of actual confusion may be disregarded as de minimis. C.L.A.S.S. Promotions, Inc., supra, at 18, and cases cited. 153554b96e
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