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

[page 182]
Because the Court finds that the watch delivered to Halvorsen was a counterfeit, "the Court need not undertake a factor-by-factor analysis under Polaroid because counterfeits, by their very nature, cause confusion." Gucci, 286 F.Supp.2d at 287 (citing Topps Co. v. Gerrit J. Verburg Co., No. 96 Civ. 7302(RWS), 1996 WL 719381, at *6, 1996 U.S. Dist. LEXIS 18556 (S.D.N.Y. Dec. 13, 1996)). "There may indeed be the occasional tourist who actually believes that he is buying a genuine Rolex for $20 from a man selling watches out of a briefcase in Battery Park," People v. Rosenthal, 800 N.Y.S.2d 354 (N.Y.City Crim.Ct.2003), but most people who purchase a knock-off Rolex or Cartier hope to benefit from the cachet of the premium watch without paying premium prices. See id.; Hermes Int'l v. Lederer de Paris Fifth Ave., Inc., 219 F.3d 104, 108 (2d Cir.2000) (stating that "post-sale confusion can occur when a manufacturer of knockoff goods offers consumers 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 the more expensive product"). Accordingly, Saleh's disclosures to Braunstein that the diamonds would be "aftermarket" diamonds and that the work would be unauthorized by Cartier do not change the counterfeit nature of the watch itself.


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