Tabberone is pronounced tab ber won not tay ber own

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From Polymer Technology Corp. v. Mimran, 37 F.3d 74 (2nd Cir 1994)

Regardless of the presence or absence of a contractual restriction, a distributor's failure to observe a restrictive condition on the sale of a product can only constitute trademark infringement if the trademark owner can prove consumer confusion, the hallmark of any trademark infringement claim. See Polymer I, 975 F.2d at 63 (citations omitted). Polymer offers two theories of consumer confusion to support its claim of unauthorized distribution. We find both equally unpersuasive.