Man on the Clapham Omnibus

In the English Victorian Era, which was the mid-to-late-19th century, English courts began using the term “Man on the Clapham Omnibus” to refer to a generic, normal, reasonable person for the purpose of enforcing the law.

Other terms have been used elsewhere and at different times to allude to the same: in Hong Kong, the term of art is “Man On the Shau Kei Wan Tram,” the US court system has at times used the “Prudent Man Rule” (especially in regard to financial issues), in Australian politics, the “Pub Test” refers to judging policy proposals (and politicians) based on how they would go over with an average patron at a normal pub, while many countries use the term “Person Skilled in the Art” to refer to a generic, normal person who has a basic set of skills or knowledge within a particular field.

In a trademark infringement case, you might argue that only “A Moron in a Hurry” would be confused by your client’s logo, mistaking it for the logo of the business that’s suing them.