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

[page 1460]
7. Class of goods and marketing channels. The goods involved are, in essence, identical. Pacific Graphics' transfers are used to create HARD RAIN CAFE T-shirts, which are competitive with Licensing Corporation's HARD ROCK CAFE T-shirts. As to marketing channels, Licensing Corporation's HARD ROCK CAFE T-shirts are sold only in HARD ROCK CAFE restaurants and Pacific Graphics' transfers are sold to T-shirt shops in Washington, which sell HARD RAIN CAFE T-shirts. Notwithstanding a difference in marketing, the resulting post-sale confusion which is caused after the sale of the Hard Rain Cafe design strongly weighs in favor of plaintiff's claim and its likelihood of success.


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