Tabberone Logo

Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations 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 623]
d. Evidence of Actual Confusion

The law does not require a plaintiff to provide evidence of actual confusion in order to prove likelihood of confusion. Here, plaintiff did not produce substantial evidence of actual confusion. As discussed below, however, there is a risk of post-sale confusion in this case. Academy, 944 F.2d at 1456 (citing Levi Strauss & Co. v. Blue Bell, Inc., 632 F.2d 817, 822 (9th Cir.1980)). On balance, this factor is neutral.

[page 623]
Additionally, a danger of post-sale confusion exists. This occurs "when consumers view a product outside the context in which it is originally distributed and confuse it with another, similar product." Academy, 944 F.2d at 1455. Defendant sells many items with designer labels. While there is no evidence that she has sold clothing bearing a Saks Fifth Avenue label, there is no guarantee that she has not or will not sell such [page 624] clothing, or that she has not or will not sell designer clothing that plaintiff carries.


wordpress analytics