From our private database of 26,900+ case briefs...
United States v. Torkington
United States Court of Appeals for the Eleventh Circuit
812 F.2d 1347 (11th Cir. 1987)
John Torkington (defendant) operated a booth at the Thunderbird Swap Shop Indoor Flea Market, at which he sold watches. In 1985, a private investigator witnessed a salesman at Torkington’s booth selling watches bearing the name “Rolex” and the Rolex crown trademark emblem. These watches cost $27 each. A deputy marshal then searched Torkington’s booth, and the marshal seized 742 watches bearing the Rolex name and emblem. Torkington was charged with trafficking and attempting to traffic in counterfeit Rolex watches. The district court dismissed both counts. The district court found that Torkington’s watches were not likely to cause direct purchasers of the watches to be confused, mistaken, or deceived about the watches’ origins. This was because the cost of Torkington’s watches was so little compared to the cost of real Rolex watches. A purchaser would be very unlikely to think that he or she was actually purchasing a Rolex watch for $27. Furthermore, the district court found that post-sale confusion of other members of the public (not purchasers) was not relevant in determining whether a good was counterfeit. The United States appealed this decision.
Rule of Law
Holding and Reasoning (Kravitch, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 541,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 541,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.