Legal Opinion
United States v. John Torkington
Court of Appeals for the Eleventh Circuit
Decided March 20, 1987No. 86-5155PublishedCited by 55 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge:
The definition of the term “counterfeit mark” under section 2320(d)(1)(A) of the Trademark Counterfeiting Act of 1984 (the Act), 15 U.S.C. §§ 1116-1118, 18 U.S.C. § 2320, is at issue in this case of first impression. The district court held that a mark is not “counterfeit” under section 2320(d)(1)(A) unless the use of the mark in connection with the goods in question would be likely to cause direct purchasers to be confused, mistaken or deceived. The court found that, given the enormous price differential between the allegedly counterfeit goods and the authentic goods,…
2Cases cited22 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Lois Sportswear, U.S.A., Inc., and Textiles Y Confecciones Europeas, S.A. v. Levi Strauss & Company, Defendant-Plaintiff-AppelleeCourt of Appeals for the Second Circuit · 1986
- Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1980
- John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
- Boston Professional Hockey Association, Inc. v. Dallas Cap & Emblem Mfg., Inc.Court of Appeals for the Fifth Circuit · 1975
17 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Hermes International v. Lederer De Paris Fifth Avenue, Inc. And Artbag Creations, Inc.Court of Appeals for the Second Circuit · 2000
- Montgomery v. NogaCourt of Appeals for the Eleventh Circuit · 1999
- United States v. SnipesCourt of Appeals for the Eleventh Circuit · 2010
- Custom Manufacturing & Engineering, Inc. v. Midway Services, Inc.Court of Appeals for the Eleventh Circuit · 2007
- United States v. John TorkingtonCourt of Appeals for the Eleventh Circuit · 1989
50 more not listed; retrieve them via the Exa API.