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

[page 829]
g. Any Evidence of Actual Confusion

"Evidence of actual confusion is not necessary to a finding of a likelihood of confusion, but `it is nevertheless the best evidence of a likelihood of confusion.'" Elvis Presley Enters., 141 F.3d at 203 (quoting Amstar, 615 F.2d at 263). "Actual confusion that is later dissipated by further inspection of the goods, services, or premises, as well as post-sale confusion, is relevant to a determination of a likelihood of confusion. `Infringement can be based on confusion that creates initial consumer interest, even though no actual sale is finally completed as a result of the confusion.'" Id. at 204 (citation omitted) (quoting 3 McCARTHY, supra, 23:6-:7).


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