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

[page 411]
As observed in Artemide SpA, the court must look at both the type of product and the prominence of the label. 672 F.Supp. at 711. While a label may help in great degree to distinguish products whose designs are fairly commonplace, (microwave ovens and food processors are not a hotbed for design) in a situation, as here, where the trade dress is distinctive and the products so closely resemble each other, labeling cannot preclude the possibility that confusion will occur. Consumers may be drawn initially to the infringing product precisely because its trade dress so closely resembles that of the other product. This is especially the case where a product has already acquired secondary meaning. See Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co., 799 F.2d 867, 872-75 (2d Cir.1986) (regardless of labeling, post sale confusion as to source is enough to warrant protection under the Lanham Act, especially where the consumers are sophisticated); Harlequin Enterprises Ltd. v. Gulf & Western Corp., 644 F.2d 946, 949-50 (2d Cir.1981); Schwinn Bicycle, 678 F.Supp. at 1348; Source Perrier S.A. v. Saratoga Springs, Inc., 217 U.S.P.Q. 617, 619-20 (S.D.N.Y.1980).


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