Tabberone Logo

Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ 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 807]
The court's research reveals that many of the cases in which post-sale confusion significantly impacted the likely confusion analysis relate to "knock-off" or counterfeit goods. See, e.g., Payless Shoesource, 998 F.2d at 986; Keds Corp. v. Renee Intern. Trading Corp., 888 F.2d 215 (1st Cir.1989); Polo Fashions, Inc. v. Craftex, Inc., 816 F.2d 145 (4th Cir.1987). Post-sale confusion in these types of cases is presumed to negatively affect plaintiff's commercial viability in one of two ways. First, an observer may mistakenly attribute any shoddy workmanship of the look-alike product to the producer of the more expensive product, such that the plaintiff's reputation is compromised. Payless Shoesource, 998 F.2d at 989. Second, although purchasers of cheap, imitation products would not themselves experience confusion as to the authenticity of the product, the purchaser might benefit from the prestige normally associated with the genuine article, and thus the more expensive manufacturer would suffer a loss of sales to the imitator. See Academy of Motion Picture Arts & Sciences v. Creative House Promotions, Inc., 944 F.2d 1446, 1455 (9th Cir.1991).

[emphasis added]

 

wordpress analytics