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Conclusion

15 January, 2016 - 09:34

For the foregoing reasons, we affirm the district court’s grant of summary judgment as to PEI’s claims for trademark infringement and trademark dilution, with the sole exception of the use of the abbreviation “PMOY.” We reverse as to the abbreviation and remand for consideration of whether it merits protection under either an infringement or a dilution theory.

CASE QUESTIONS

  1. Do you agree with the court’s decision that there is no dilution here?
  2. If PMOY is not a registered trademark, why does the court discuss it?
  3. What does “nominative use” mean in the context of this case?
  4. In business terms, why would PEI even think that it was losing money, or could lose money, based on Welles’s use of its identifying marks?
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