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Tabberone is pronounced tab ber won
not tay ber own

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

[page 1199]
Besides "source confusion" of actual and potential customers, "post-sale confusion" may also be relevant. "Post-sale confusion occurs when consumers view a product outside the context in which it is originally distributed and confuse it with another, similar product." Academy of Motion Picture Arts and Sciences v. Creative House Promotions, Inc., 944 F.2d 1446, 1455 (9th Cir.1991). For example, in Levi Strauss & Co. v. Blue Bell, Inc., 632 F.2d 817 (9th Cir.1980) the court enjoined a defendant's use of a small red tab protruding from the back pocket of its Wrangler blue jeans as infringing Levi's red pocket tab trademark. Although it appeared that confusion at the point of sale was unlikely, the potential for post-sale confusion still existed because prospective jeans purchasers who carried even an imperfect recollection of Levi's pocket tab trademark might confuse the defendant's jeans with Levi's and this might influence their future purchase decisions. See id. at 822. Finally, confusion as to affiliation, connection, or sponsorship is also actionable. For example, a zipper products consumer might be confused by the similarity of YKK and YPP and mistakenly believe that YPP is somehow affiliated with or sponsored by YKK.


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