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 1246]
This court has not yet addressed the role of post-sale confusion under the Counterfeit Trademark Act. The Second, Fifth, Eighth, and Eleventh Circuits, however, have all concluded that the statute covers post-sale confusion. United States v. Hon, 904 F.2d 803, 808 (2d Cir.1990); Yamin, 868 F.2d at 132-33; United States v. Gantos, 817 F.2d 41, 43 (8th Cir.1987); Torkington, 812 F.2d at 1352. This court is persuaded by the reasoning of these courts and now joins them in holding that the "likely to cause confusion, to cause mistake, or to deceive" test is not limited to direct purchasers of the counterfeit products. Instead, the correct test is whether the defendant's use of the mark was likely to cause confusion, mistake, or deception in the public in general.


wordpress analytics