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

[page 298]
Sophistication of the Relevant Consumer Group
Likelihood of confusion must be assessed by examining the level of sophistication of the relevant buyers. A trial court must consider the general impression of the ordinary consumer, buying under normal market conditions and giving the attention such purchasers usually give in purchasing the product at issue.
Streetwise Maps, 159 F.3d at 746. Although some consumers of GTFM's "05" apparel may be expected to inspect the apparel closely a nd try it on in front of a mirror, other consumers who are buying the apparel as gifts or from sources without full length mirrors may not bring such care to their purchases. More significantly, consumers in the post-sale context will not likely have the opportunity closely to inspect apparel bearing the number "05" to determine whether the apparel originates with GTFM or some other source. See Nabisco, 191 F.3d at 218 ("Infringement cases have consistently held post-sale confusion as well [as] point-of-sale confusion to be actionable under the Lanham Act."); see also Hermes Int'l v. Lederer de Paris Fifth Avenue, Inc., 219 F.3d 104, 108 (2d Cir.2000) ("[P]ost-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.").


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