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Tabberone is pronounced tab ber won
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


[page 59]
The operative language in the criminal statute, 18 U.S.C. 2320, "the use of which is likely to cause confusion, to cause mistake, or to deceive," is the same as the language in the Lanham Act, 15 U.S.C. 1114(1)(a). Case law has made clear that post-sale confusion as to the source of a product is actionable under the Lanham Act. Lois Sportswear v. Levi Strauss & Co., 799 F.2d 867 (2d Cir.1986); Grotrian v. Steinway & Sons, 523 F.2d 1331, 1342 (2d Cir.1975); and Syntex Laboratories, Inc. v. Norwich Pharmacal Co., 437 F.2d 566 (2d Cir.1971). There is no clear indication in section 2320 or its legislative history as to the intended scope of that phrase and whether it is to be the same as the civil statute.

 

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