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

[page 59]
A substantial part of the court's opinion is devoted to listed factors 3, 4 & 5, ante, concluding that purchasers would not be confused or misled. Chrysler concedes this; indeed it offered no evidence to the contrary.[3] Rather, its case depends on what is known as post-sale confusion - viewers who have an interest from the standpoint of the original creator's reputation and may be misled. Chrysler introduced persuasive evidence that the Viper added greatly to its general reputation, quite apart from sales. Infringers who do a poor job mechanically, or introduce differences that detract, but do not change the apparent origin, were recognized by Congress in enlarging the statute. See Roberts, 944 F.2d at 1244-45. In disregard of Fed. R.Civ.P. 52(a), this confusion was not mentioned, let alone discussed by the court, although it was part of Chrysler's main case and was adequately supported by expert testimony.[4] We see no possible fair resolution of this basic inadequacy short of giving Chrysler a whole new trial, to be before a new judge because of the extensive interlocking of the evidence.


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