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not tay ber own

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

FN[60] 287 F.2d 492 (2d Cir.1961). The Seventh Circuit has observed that "[t]he legal standard [for confusion] under the Act has been formulated variously, but the various formulations come down to whether it is likely that the challenged mark if permitted to be used by the defendant would cause the plaintiff to lose a substantial number of consumers." Indianapolis Colts, Inc. v. Metropolitan Bait. Football Club Ltd. P'ship, 34 F.3d 410, 414 (7th Cir. 1994). It should be noted that there are several variations on consumer confusion actionable under the Act: (1) initial interest, (2) point-ofsale, and (3) post-sale confusion. See Empresa Cubana del Tabaca v. Culbro Corp., No. 97 Civ. 8399, 2004 WL 602295, at *33 (S.D.N.Y. Mar.26, 2004). "Initial interest confusion occurs when `potential customers initially are attracted to the junior user's mark by virtue of its similarity to the senior user's mark, even though these consumers are not actually confused at the time of purchase.'" Id. at *49 (quoting Jordache Enters, v. Levi Strauss & Co., 841 F.Supp. 506, 514-15 (S.D.N.Y. 1993)). "Post-sale confusion [can occur] after a product has been purchased and put into use, and [ ] `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.'" Id. (quoting Hermes Int'l v. Lederer de Paris Fifth Ave., Inc., 219 F.3d 104, 108 (2d Cir.2000)).


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