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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 1023]
Further support for this interpretation is offered by the statutory requirement that use of the mark "is likely to cause confusion, to cause mistake, or to deceive." 18 U.S.C. 2320(e)(1)(A)(iii). The confusion in question most naturally would arise because the mark purports the goods to be one thing and in fact they are something else. "It is essential to the Act's ability to serve this goal that the likely to confuse standard be interpreted to include post-sale confusion. 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 trademark holder." United States v. Torkington, 812 F.2d 1347, 1353 (11th Cir.1987) (emphasis added) (quoted approvingly by United States v. Yamin, 868 F.2d 130, 133 (5th Cir.1989)).

 

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