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· 3/20/1987

United States v. John Torkington

Citations

  • 812 F.2d 1347
  • 2 U.S.P.Q. 2d (BNA) 1166
  • 1987 U.S. App. LEXIS 3759

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating, with regard to counterfeit goods, that a \trademark holder's ability to use its mark to symbolize its reputation is harmed when potential purchasers of its goods see unauthentic goods and identify these goods with the trademark holder\
  • “[A] central policy goal of [section 2320] is to protect trademark holders’ ability to use their marks to identify themselves to their customers_”
  • “[P]rice differential may be relevant to the determination of whether the mark is likely to confuse.”
  • “Under Fed.R.Crim.P. 12(b) . . . [,] a court may not dismiss an indictment . . . on a determination of facts that should have been developed at trial.”
  • provided that the confusion contemplated by criminal trademark counterfeiting statutes includes potential confusion by potential purchasers in the public who may not have the ability or opportunity to view disclaimers on display for only direct purchases

Source: CourtListener parenthetical corpus (CC0).

Judges: Kravitch, Hatchett, Morgan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.