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Edmund Burke

[page 542]
Finally, it is insufficient for the injunction to contain only the requirement that Van Klassens clearly label its products in the future. Even if the court assumes arguendo that labelling would be effective in eliminating customer confusion in certain situations, [page 543] such as at the point of sale, it still would not address "other forms of likely confusion that are equally actionable" and relevant in this case, such as post-sale confusion. See Lois Sportswear U.S.A., Inc. v. Levi Strauss & Co., 799 F.2d 867, 872-75 (2d Cir.1986); see also Harlequin Enters. Ltd., 644 F.2d at 949 (difference in names insufficient because "combination of features as a whole" is determinative); PAF S.r.l. v. Lisa Lighting Co., 712 F.Supp. 394, 411 (S.D.N.Y.1989) (Newman, J.) (where trade dress distinctive and products closely resemble one another, labelling insufficient).


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