Next Time
Class 22: Dilution
482-92 (Problems 4-9 to 4-11); 817-28
(Problems 5-5 to 5-7)
Administrative
News Wednesdays
Boston Strong
College Football coaches trademarking names
Source
Sponsorship
Traditional
Other Types of TM Infringement
Source/Sponsorship e.g.: Buffaloes
Less Traditional
Class 22: Dilution
Last Time
Initial-Interest
Post-Sale
Reverse Confusion
Clarifying rules for Intent to Use
Facts: Max invents a product (a
clickable sharpie) that he calls the
"Maxtastic"
Facts
2000: Max begins to sell the Maxtastic
in Boulder and some of the surrounding
towns
Max doesn't seek federal registration.
Early 2005: Eleanor begins to sell a
pencil case that she calls "The
Maxtastic"
Unregistered Mark
Max Sues
1. Eleanor sells only in Southern
California
2. Eleanor sells in Denver
3. Eleanor sells only in Southern
California. Max buys ads with
Nationwide advertising firm, and ads
are aired on Southern California TV
before Eleanor begins to sell.
Geographic Limitations on TM Use
4. Eleanor knew about Max's product
before she named her product.
Facts: Max invents a product (a
clickable sharpie) that he calls the
"Maxtastic"
Facts
2000: Max begins to sell the Maxtastic
in Boulder and some of the surrounding
towns
Eleanor begins to sell a pencil case that
she calls "The Maxtastic"
Registered Mark
Max DOES register federally in Early
2006.
Max Sues
5. Eleanor begins to sell in mid-2006 in
Southern California
6. Eleanor began selling in mid-2005 in
Southern California.
7. Same facts as #6, but Eleanor tries to
expand to NYC in mid-2006
Luis Vuitton v. Haute Diggity
Class 22: Dilution
Facts
Dilution
Comparing the products
P sued D for
More LV aggressiveness
Held
Blurring
Tarnishment
Enjoy Cocaine t-shirt
Does this Ad dilute?
Fame
Defenses
Missed it?
https://www.law.upenn.edu/fac/pwagner/DropBox/lv_letter.pdf