Tabberone Logo

Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations Home | Site Index | Disclaimer | Email Me!
"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke

[page 212]
Reebok argues that it is also concerned about post-sale confusion. It contends that a consumer seeing someone wearing a Payless shoe might notice that the shoe looks like a Reebok shoe, but is made of vinyl rather than leather. Then the consumer may decide that Reebok shoes look cheap or do not wear well and decide to purchase their next shoes from a maker other than Reebok. The court has not found any case law in the Tenth Circuit adopting the theory of post-sale confusion. In any event, the court does not believe this is an appropriate case to extend the likelihood of confusion requirement. While some consumers may indeed make all of the inferences and arrive at the conclusion Reebok fears, the standard is not the "possibility of confusion." Rather, the standard is "likelihood of confusion." The court finds the likelihood of post-sale confusion is slight.


wordpress analytics