United States v. Torkington
United States Court of Appeals for the Eleventh Circuit
812 F.2d 1347 (1987)
John Torkington (defendant) sold watches bearing the Rolex name and crown emblem for $27 each at a flea-market booth; a deputy marshal seized 742 such watches, and Torkington was charged with trafficking in counterfeit goods. The district court dismissed the charges, reasoning that no direct buyer paying only $27 would likely believe he was purchasing a genuine Rolex, and that confusion among other members of the public who might later see the watch (post-sale confusion) was legally irrelevant to whether the goods were "counterfeit." The government appealed.
Whether the Trademark Counterfeiting Act is satisfied by showing that members of the purchasing public generally, rather than only direct purchasers, would likely be confused, mistaken, or deceived by the counterfeit goods.