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

[page 914]
The plaintiff in Libman was a manufacturer of brooms who owned a trademark for a broom with a randomly colored stripe in the bristles. The defendant was a competing manufacturer of brooms. After noticing the sales of the plaintiff's products, the defendant began manufacturing brooms with a similar colored stripe in the bristles. The Libman plaintiff brought a trademark infringement suit against the defendant that the district court granted. However, the Seventh Circuit reversed on appeal finding that there was no likelihood of confusion. See id. at 1364. The Seventh Circuit posited two distinct theories of confusion, the first being confusion at the point of sale and the second being post sale confusion. In reversing the district court's opinion, the Seventh Circuit found that the evidence in the record did not support the first theory and that the plaintiff and the district court failed to argue and consider the second. See id. at 1362-63.


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