Joseph Fortner, Jr. a member of the Business and Commercial Litigation Group, spoke concerning initial interest and post-sale confusion in trademark matters at the DRI Intellectual Property Seminar held November 2-3, 2005 at the Ritz Carlton, Key Biscayne, Florida. The two-day national seminar utilized a hypothetical to integrate lectures and practical demonstrations from experienced practitioners and clients, and included discussions by trial counsel in several recent, high-profile intellectual property cases. As part of this faculty, Jospeh, the Vice Chair of DRI’s Commercial Litigation Committee, discussed the theories behind and role of these theories of trademark infringement, where there is no evidence that purchasers are confused yet liability may be imposed. Using real world examples, Joseph discussed a smoke-filled world where mark holders seek redress and injunctions against ostensibly evocative products, based upon an initial consumer reaction and upon how non-consumers perceive the “infringing” product after the sale.