BA 3340 Lecture Notes - Lecture 99: Basque Nationalist Party, Deadweight Loss, Trade Secret
Document Summary
Passing o): aim to protect character, name, word, trademark, logo. Target audience confused as to whether beer was related to show or not. Marketed to male 18-31 held that target audience will associate the beer with the show (kc7onal environment). Tried to argue it was a common name and thus no liability however word dup had acquired a secondary meaning due to the popularity of the show. Generic items (dup - golf) no secondary meaning see 20th century fox. Target group would think there is an associa7on no defense. Later decision held warnings not authorized by simpsons = insuscient. Comparaave adverasing: possibly in exam: untruthfully downgrading compe7tor"s product, colgate-palmolive v rexona: Aust"s best known toothpaste; colgate owned 60% of market at 7me; evidence adduced that this was not the case; injunc7on awarded. Rexona claimed it was 50-90% more epec7ve than. Takes pride : if mere pupery no misleading and decep7ve conduct, depends on:
