In the split decision of Gucci America Inc v Daffy's Inc, the
Third Circuit has rejected the plaintiff's request for an order compelling the
defendant to recall counterfeit handbags it had sold and pay the profits of sale to
the plaintiff. Although it found that the plaintiff's mark had been infringed,
the court held that, because the fakes were of high quality and capable of fooling
experts, the risk of public confusion was low.