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

[page 361]
Furthermore, the active secondary market in Cartier watches adds an additional layer of likely post-sale confusion from the counterfeit Cartier jeweled watches. See Symbolix, 2005 WL 1330786, at *6; see also Hermes Int'l v. Lederer de Paris Fifth Avenue, Inc., 219 F.3d 104, 108 (2d Cir.2000) ("The creation of confusion in the post-sale context can be harmful...."); Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co., 799 F.2d 867, 872 (2d Cir.1986) ("[P]ost-sale confusion as to source is actionable under the Lanham Act."). Individuals viewing the watches on a purchaser's wrist would be misled as to the true nature of the watch's craftsmanship, and any effect such identification might have on Cartier's goodwill with the public is actionable. Lois Sportswear, 799 F.2d at 872 ("[T]he Lanham Act was designed to prevent a competitor from such a bootstrapping of a trademark owner's goodwill....").


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