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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


Subsequent Confusion
Although packaging may prevent confusion at an original point of sale, the product shape or feature may still be protected if there is a potential for confusion in a secondary or post-sale environment. This issue has been raised successfully in several sports car cases where the original manufacturer asserts that a competitor's inferior copy of their car design is detrimental to the original manufacturer's reputation. One court case includes a Lanham Act claim regarding the similarities of the Viper® and the Mongoose sports cars, while another court case was filed to protect the Ferrari Testarossa® from imitators.

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Definitions

Trademark Definitions
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Parallel Imports   |   Post-sale Confusion   |   Puffery   |   Secondary Meaning   |   Subsequent Confusion   |   Trademark Abuse
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Federal Court Cases
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Federal Statutes
Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22

VeRO (Verified Right's Owner Program)
VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter
Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed

Original material by Karen Dudnikov & Michael Meadors is © 1999-2019