Tabberone is pronounced tab ber won not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me! "The only thing necessary for the triumph of evil is for good men to do nothing" Edmund Burke

[page 827] DaimlerChrysler is correct that if General Motors's sales predictions are correct, the roads soon will be inhabited by H2s, Libertys, and Wranglers. As already discussed, though, this record contains no persuasive evidence to warrant DaimlerChrysler's fear that the intended H2 grille will confuse the consumer into association with the CJ-2A grille on the two Jeep models. To the extent any such association might arise, it does not amount to the sort of post-sale confusion that supports an infringement action. None of the relevant motor vehicles is the sort of low-priced item to which a consumer might devote [page 828] little careful thought, such as a broom, Thomas & Betts Corp. v. Panduit Corp., 138 F.3d at 297, or a story book that might be purchased on impulse to distract a fussy child. Western Publ'g Co. v. Publications Int'l, Ltd., No. 94 C 6803, 1995 WL 1684082, at *14 (N.D.Ill. May 2, 1995). Any similarity in the grilles does not present a risk of a "bait and switch" effect. See Syndicate Sales, Inc. v. Hampshire Paper Corp., 192 F.3d at 638 ("the Lanham Act forbids a competitor from luring potential customers away from a producer by passing goods off as those of the producer, even when confusion as to the source of the goods is dispelled by the time the sale is consummated. Such `bait and switch,' also known as `initial interest' confusion, will affect the buying decisions of the consumers when it permits the competitor to `get its foot in the door' by confusing the consumers. When post-sale inspection of the goods is an ineffective remedy, such an approach makes sense."); Dorr-Oliver, Inc. v. Fluid-Quip, Inc., 94 F.3d 376, 382 (7th Cir.1996); cf. Rust Environment & Infrastructure, Inc. v. Teunissen, 131 F.3d 1210, 1217 (7th Cir.1997).