Duck® brand Duck Tape®. University of Oregon™ Marks University Of Oregon™ Oregon Ducks™ Go Ducks® Oregon Football™ Oregon Basketball™ Oregon Track And.

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Presentation transcript:

Duck® brand Duck Tape®

University of Oregon™ Marks University Of Oregon™ Oregon Ducks™ Go Ducks® Oregon Football™ Oregon Basketball™ Oregon Track And Field™ Track Town® Hayward Field, Autzen Stadium, Mac Court, And Howe Field

Tinker Hatfield

GoGo Sports Inc v. Major League Baseball Properties Inc et al (2011) Case Brief

Trademark Searches USTPO search – Only federal marks.... State of Oregon trademark Oregon state search form – Only marks registered in the state No common law search available

Territoriality Once trademark rights are established in a particular jurisdiction, these rights are generally only enforceable in that jurisdiction. Madrid Protocol: – International application, 84 countries – File once – 10 year renewals – Part of WIPO

Anti-Cybersquatting Consumer Protection Act of U.S.C. § 1125(d) Prevents people from buying domain names featuring famous trademarks with NO INTENTION of using them but SELLING them Cannot use domain name that “dilutes” a known trademark

Infringing on Ma®ks Dilution: – Use lessens distinctiveness of usually FAMOUS marks; high potential for consumer confusion 1) Blur: Use a famous mark or similar mark in different market. Sony Beer, Disney Rolling Papers. “Whittling away” of distinctiveness 2) Tarnishment: unflattering association that weakens the mark, reflects poorly of product's owner (Moral right?) Easier to dilute famous marks: Nike or Coca- Cola

Starbucks v. DwyerStarbucks v. Dwyer (2001) Kieron Dwyer “Lowest Common Denominator” Trademark parody? Tarnished, confusing, dilution Settlement Restricted use to web

Coca-Cola Co. v. Gemini RisingCoca-Cola Co. v. Gemini Rising (1972)

Mosely v. V. Secret Catalogue, Inc. (2003) Supreme Court decision Victor's Secret, then Victor's Little Secret Dilution of Victoria's Secret trademark First test of Fed. Trademark Dilution Act (1995) Ruling: in favor of Mosely Sig: must prove actual harm Trademark Dilution Revision Act (2006)

Fair and Balanced® “It is ironic that a media company that should seek to protect the First Amendment is instead seeking to undermine it.” ~Judge Chin

Swoosh Designed by Carolyn Davidson, 1971, $35 Designed by Carolyn Davidson ®egistered 1974 Nike Brand=$15B 90% of $19B=Logo

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