"The only thing necessary for the triumph of evil is for good men to do nothing" Edmund Burke
Counterfeits
Note here the court's emphasis on "knockoffs". Trademark law deals heavily with "counterfeits" and "copies".
The Second District Court of Appeals stated:
"Trademark laws exist to protect the public from confusion. The creation of confusion in the post-sale context can be
harmful in that if there are too many knockoffs in the market, sales of the originals may decline because the public is
fearful that what they are purchasing may not be an original. Furthermore, the public may be deceived in the resale market
if it requires expertise to distinguish between an original and a knockoff. Finally, the purchaser of an original is
harmed by the widespread existence of knockoffs because the high value of originals, which derives in part from their
scarcity, is lessened."
"We have previously held that post-sale confusion can occur when a manufacturer of knockoff goods offers consumers
a cheap knockoff copy of the original manufacturer's more expensive product, thus allowing a buyer to acquire the
prestige of owning what appears to be the more expensive product. Mastercrafters Clock & Radio Co. v. Vacheron
& ConstantinLe Coultre Watches, Inc., 221 F.2d 464, 466 (2d Cir. 1955). In Mastercrafters, we held that the
practice of selling a knockoff wall clock at a cheaper price than the original created an actionable harm despite the
fact that customers knew they were buying the knockoff."
