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Tabberone is pronounced tab ber won
not tay ber own

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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


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15 U.S.C. 1117(c). Plaintiff argues that it should get enhanced statutory damages because the Route' Defendants acted willfully. Plaintiff points out that on the GetInFashion website, it states that "All products sold within this website shop are replicas or reproductions and are not being represented as the originals. We are in no way affiliated with any of the authentic manufacturers." (Doc. No. 12, Ex. F, p. 9). This statement supports Plaintiff's assertion that the Route' Defendants' actions were done willfully and in bad faith. See Rolex Watch U,S,A., Inc. v. Jones, 2000 WL 1528263, at *3 and n.1 (S.D.N.Y. Oct. 13, 2000)(finding that a similar disclaimer was not evidence of the defendant's good faith and noting that the disclaimer did not diminish the likelihood of post-sale confusion by the public).

 

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