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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.