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

[page 361]
Although defendants claim that they merely provide customization services to specific clients and not to the general public, the use of Cartier's trademark itself in connection with defendants' products is designed to deceive the public, as evidenced by defendants' display of the enhanced stainless steel Cartier watches in a widely circulated advertisement, offers to sell the altered stainless steel Cartier watches and remarks that the altered watches and genuine Cartier Tank Francaise watches with diamonds would appear "exactly identical." (Braunstein Decl. 3; Braunstein Reply Decl. 4, 6); see Bulova Watch, 328 F.2d at 23 (defendants' substitution of crown and case of authentic Bulova watches "resulted in a different product" that required "complete and full disclosure" in ensuring that public would not be deceived by use of Bulova trademark). Particularly where there is an active secondary market (Destino Decl. 10; Saleh Dep. Tr. at 10-11), post-sale confusion to downstream purchasers is likely to occur where the defendant offers a cheap knockoff copy of the original manufacturer's more expensive product, thus "allowing a buyer to acquire the prestige of owning what appears to be a more expensive product." Hermes Intl. v. Lederer de Paris Fifth Avenue, 219 F.3d 104, 108 (2d Cir.2000).[4] While defendants claim that customers of Cartier watches are "sophisticated," to the extent that they would not be confused by the counterfeit watches, Cartier faces the palpable loss of goodwill once consumers perceive the "cheapening" and dilution of the brand. See Rolex Watch U.S.A., Inc. v. Canner, 645 F.Supp. 484, 495 (S.D.Fla.1986); Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co., 799 F.2d 867, 875 (2d Cir.1987) (noting that sophisticated consumers of designer jeans will more likely be affected after seeing trademarked jean-stitching pattern on jeans not produced by trademark holder and consequently transfer goodwill).


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