TO: Senior Partner FROM: Neha Ghauri DATE: September 12, 2017 FILE: Budweiser v. Silly Squeakers, Inc. RE: Dilution by Tarnishment and Parody evaluation Discussion Dilution by Tarnishment Although an argument can be made to show likely harm to Budweiser’s reputation, but as there is no actual evidence presented to prove it, the Court is likely not to find dilution by tarnishment. ‘“Dilution by tarnishment” is association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark’ 15 U.S.C. s1125(c)(2)(C) (2006). Four elements must be proven: (1) Plaintiff’s mark is famous (2) Defendant is using a similar mark commercially (3) the similarity between the marks gives rise to an association (4) the association likely harms the reputation of …show more content…
For example, in Louis Vuitton the court found the choices made by the maker of ‘Chewy Vuiton’ dog toys to resemble the shape of a LV handbag, mimicking its colors, designs and the monogram, successfully evoked the famous mark. Id. Further, the designs were not ‘distinguished and detailed’ and by opting to use similar but not the exact name of the brand, like ‘CV’ instead of ‘LV’; it also successfully distinguished itself from the famous mark. Id. Lastly, the Court used LVM’s high-end brand image to imply a mocking affect as the dog toy ‘pokes fun at the elegance and expensiveness’ of LVM products supported by the toys being sold next to parodies of other high-end fashion brands like the ‘chewnal no. 5.’ Id. A parody is not a ‘complete defense’ where the seller uses the mark to sell its own goods. 15 U.S.C. s1125 C (3)(A)(ii) and Louis Vuitton, 507 F. 3d.at 266. In Louis Vuitton, the parody was being used to sell its own goods but the court outlined as it was a successful parody it also successfully communicated it is not linked with the original mark.
Matt Theurer was an 18 year old high school senior and a member of the National Guard. He is employed by McDonald's, the defendant. Matt's manager knew Matt had to drive about 20 minutes to and from work. Matt was scheduled to work a shift at McDonald's from 3:30 pm to 7:30 pm on April 4th, 1988 and 5:00 am to 8:21 am on April 5th, 1988. He was also given a voluntary opportunity for a cleanup shift from 12:00 am to 5:00 am on April 5th, 1988 which he accepted. Matt worked all of his assigned hours, including the voluntary shift. After the last shift was complete,
Man’s best friend. When hearing this statement many people know that it is referring to a dog. But can it also be referring to a beer? Budweiser believes so. In their commercial, “Lost Puppy” Budweiser shows their viewers that not only can your dog be your best friend, but so can their beer. They use many forms of rhetoric to persuade their audience of this. Budweiser does a great job of using pathos to draw the attention of their audience. That is the first step, right? In order to persuade an audience of something, you must first have their attention.
On late August of 2007, Dana Thomas writes to the general public on the horrors made possible by the buying and selling of counterfeit fashion goods to persuade the end of the consumerism funding monstrous acts. Through the incorporation of ethos, logos, and pathos in her journalism, Thomas persuades her audience with the uncoverings of the sources behind the making of the counterfeit goods.
Based on what we see through advertising and what we are told by sales associates in stores, we assume that many of the products that we are exposed to are of high quality, which justifies the high prices. For example, we pay higher prices for a Nike shoe than a brand less shoe because from what we know, it is made better. While some people have the sense to realize that a name doesn’t make that much of a difference, the scale to which we are misled is much greater than we think. Stoller points out one instance on the streets of Harlem in the following passage:
The creation and sale of low-cost counterfeits, replicas and knock-offs of brand-name originals is a common occurrence. Across all markets, counterfeiting and Piracy account for $461 billion (OECD/EUIPO, 2016). Only 25 countries have GDPs greater than that. (Statistics Times, 2017) In the world of fashion accessories, there are many companies that look to benefit from consumers’ desires to own something luxurious while paying not-so-luxurious prices. Such is the case of Finer Bags, a company that sold what they advertised as replica or original designer brand bags. Was Finer Bags breaking the law? Was it unethical? Before attempting to answer those questions, it is best if we consider the differences between the terms counterfeit, replica, knock-off, and copy. While all represent closely copied designs of another product, the main difference
Facts: In 1886, John Pemberton invented a caramel-colored soft drink. It was name Coca-Cola after the main two ingredients kola nuts and coca leaves. The problem came when they called the beverage Coke. Coca- Cola Company sued The Koke Company from using the word “Koke” for any of their products. Coca- Cola Company was the plaintiff and The Koke Company was the defendant in this case. Coca- Cola states that the Koke Company is in violation of trademark infringement and it is unfairly making and selling the beverage that use a trademark of Coke. The defendant The Koke Company propose to manufacture and sell as a bottled product soft drink, which the defendant has designated as "Koke-Up"
Tom Ford explained in a presentation of the fashion industry and copyright that knock-off products and low-end replicas target a different audience, and that the customer of Gucci isn’t likely to shop at a market selling fake designer goods (USC Annenberg,
In the article by The Onion, the authors use satire to mock consumers of new products. The article focuses on the new “MagnaSoles” inserts for shoes for people who are “stressed and sore-footed.” Comparing the products to other products, and customers of the products, the author is able to use humor and satire to show how products are marketed to consumers.
Advertisements over the years have become a major part of modern day society and now, whether it be for the ShamWow or for a Pillow Pet, it is nearly impossible to turn on the television and not see a single “as seen on T.V.” advertisement. The people who create these advertisements use certain strategies to coerce their audience into buying the advertised product, and while many people fall for these tricks, others recognize them and are not so easily fooled. The Onion, a publication devoted to humor and satire, published a press release that contained a myriad of different satirical and linguistic strategies to mock how products are marketed to consumers.
It all starts with the phrase “your friends are counting on you.” Opening on a cute yellow Labrador retriever as a puppy, being carried home by his new owner. Immediately the audience notices the adorable puppy eyes and wet nose and people began falling for it. We follow it through its journey and adventure of every new little puppy and his owner, or best friend we should say. From the commercial we see the owner and puppy start to establish an unbreakable bond. We watch the owner take the puppy to the park, to the beach, around the house, anywhere and everywhere slowly becoming mans best friend. Slowly, we see the puppy start to grow bigger and bigger until he has matured into an adult dog. The man and the dog are now inseparable and the connection between them is unbreakable. Then we see the man leave for a night without the dogs company, and instead the company of 3 human friends and a case of
Across the United States it is illegal for anyone to drink under the age of twenty-one. With strict laws being enforced to help avoid accidents and purchasing alcohol from adults of the age. Law enforcement threaten offenders by using forms of punishment such as jail time, fines, and or restrictions. Despite the barriers many underage teens and children still manage to get access to alcohol. While many think that lowering the age to eighteen or nineteen will resolve the problem, many think that access will encourage them to consume it.
Every 51 minutes in America, someone is killed in a drunk driving car accident; This adds up to 27 people every day. This statistic goes to show that people around us are either not educated about how dangerous driving intoxicated really is or that they are simply too arrogant to do anything about it. During the 2014 Super Bowl, Budweiser Brewing Company tried to persuade its audience to drink responsibly by evoking emotions using the symbolism of the relationship between a man and his dog when he doesn’t come home after a night of drinking.
Coase study #2 Beer: The vice president of marketing for a major brewing company is aware that college students account for a large proportion of beer sales and that people in this age group form lifelong loyalties to brands of beer. The executive is personally uncomfortable with the tasteless gimmicks used by her competitors in the industry to encourage drinking on campuses, including beach parties and beer-drinking contests. She worries about the company’s contribution to underage drinking and alcohol abuse among college students. Should she go along with the competition? State your case/opinion, etc.
Reviewing the existing literature on this topic, this essay attempts to look at the scale of counterfeiting, the reasons for its growth and the consumer’s attitudes towards counterfeited products. It also provides information about how the counterfeit market poses challenges for customer-brand relations and the strategies that brands can implement to overcome these challenges.
Over the years, many companies such as scrabble, Tylenol, Channel, Louis Vuitton and even Polo Ralph Lauren (PRL) Corporation have had to fight to protect their intellectual property. By looking more specifically into Polo Ralph Lauren, a fashion company that offers a range of products from clothing to home furnishings, this paper will explore trademark laws and how these laws could be advantageous one hand and limit one group and limit business abilities on another.