英美商标法案例-Playboy Enterprises, Inc. v. Welles |
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时间:2013-05-06
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7 F. Supp. 2d 1098 (S.D. Cal. 1998) Facts Opinion of the Court The product or service can not be readily identified without using the trademark (i.e. trademark is descriptive of a person, place, or product attribute); In this case, the Court found that Welles could not identify herself without using the trademarked terms – the PMOY was something Welles was awarded, so she needed to use the term both on the site and in the metatags to identify herself as a recipient of the award. Furthermore, Welles used no more of the trademark than the words themselves (which is as minimalist as is possible) and disclaimed any endorsement from Playboy. Only the wallpaper (which was, itself, nothing but the term repeated over and over again) was not nominative. |
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