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

[page 637]
Plaintiffs assert that Defendant's use of "America's Team" infringes the Cowboys' trademark under each of three theories of consumer confusion. Plaintiffs say it may cause consumers to believe the Defendant is sponsored or endorsed by the Cowboys. See Pebble Beach Co. v. Tour 18 I Ltd., 942 F.Supp. 1513, 1541 (S.D.Tex.1996). Or it may cause "initial interest confusion" by attracting consumers who are looking for Cowboys merchandise. See Elvis Presley Enters., 141 F.3d at 202. Or it may result in "post-sale confusion" when consumers wrongly identify the original source of the product. See U.S. v. Yamin, 868 F.2d 130, 133 (5th Cir.1989) ("A trademark holder's ability to use its mark to symbolize its reputation is harmed when potential purchasers of its goods see unauthentic goods and identify these goods with the trade-mark holder. This harm to trademark holders is no less serious when potential purchasers encounter these goods in a post-sale context.").


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