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

[page 218]
Like the district court, we are not persuaded by Nabisco's argument. As for Nabisco's box, many consumers of its crackers will not see the box; they will find goldfish-shaped cheddar cheese crackers served in a dish at a bar or restaurant or friend's house, looking very much like the familiar Pepperidge Farm Goldfish product. Infringement cases have consistently held post-sale confusion as well point-of-sale confusion to be actionable under the Lanham Act. See, e.g., Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co., 799 F.2d 867, 872-73 (2d Cir.1986); I.P. Lund Trading ApS v. Kohler Co., 163 F.3d 27, 44-45 (1st Cir.1998). We recognize that dilution can occur as well in a post-sale as in a point-of-sale context.


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