BLAW 430 Lecture Notes - Lecture 13: Krusty Krab, Trademark Infringement, Grey Market
Document Summary
Plaintiff must prove: the plaintiff"s mark is valid, plaintiff is the senior/first user of the mark. The defendants use of the mark creates a likelihood of confusion in the minds of the potential purchasers. Factors the court looks at: strengths of plaintiff"s mark, similarity between marks, similarity of plaintiff"s and defendant"s products, likelihood that the plaintiff will enter into the defendant"s market. Intent to use application for krusty krab seafood restaurants. Viacom had not federally registered the krusty krab trademark: extent of actual confusion, defendants lack of good faith in adopting the mark, the quality of the defendant"s products, sophistication of the buyer. Defenses to trademark infringement: fair use, includes comparative advertising, parodies and news reporting, manner in which the defendant is using the mark, whether defendant is acting in good faith and c. 1: money damamges (may be trebled in case of bad faith, attorney fees in exceptional cases (usually requires bad faith)
