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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


FN[32] In United States v. Torkington, 812 F.2d 1347 (11th Cir.1987), we recognized that presale confusion of actual purchasers is not the only type of confusion actionable under the Lanham Act. Instead, the likely to confuse test is also satisfied "when potential purchasers of the trademark holder's products would be likely to be confused should they encounter the allegedly counterfeit goods in a post-sale context-for example, in a direct purchaser's possession." Id. at 1352. In this case, however, neither the pre-sale confusion of actual purchasers nor the post-sale confusion of potential purchasers is at issue; it is the post-sale confusion of actual purchasers-that is, the confusion of users of the defendants' discs (most of whom, presumably, previously had purchased the discs they were using)-that concerns Montgomery.

 

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