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

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Rodriguez next argues that the counterfeit watches were easily distinguishable from the genuine articles. Representatives from the trademark manufacturers testified at trial as to the similarities between the counterfeit and genuine watches. The jury was allowed to compare these watches. Section 2320's civil counterpart, the Lanham Act, 15 U.S.C. Sec. 1051-1127 (1982 & Supp. V 1987), uses identical language regarding the likelihood that the counterfeit mark will deceive or cause confusion or mistake. 15 U.S.C. Sec. 1114(1)(a) (1982) (section 1114 provides a civil remedy for trademark infringement). Case law has made clear that it need not be the direct purchasers of the counterfeit goods who are confused: post-sale confusion among others as to the source of the product is actionable under the Lanham Act. See Levi Strauss & Co. v. Blue Bell, Inc., 632 F.2d 817, 821-22 (9th Cir.1980).


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