Business Law 5th Edition by David Twomey ,Marianne Jennings ,Stephanie Greene

تمرين 9

The U.S. Polo Association (USPA) is a not-forprofit corporation that is the governing body of the sport of polo in the United States. It has been in existence since 1890 and derives the majority of its revenue from royalties obtained from licensing its trademarks. It owns more than 900 trademarks worldwide, including marks bearing the words "U.S. Polo Assn." with the depiction of two polo players for licensees on products sold in the apparel category. In 2009 it produced 10,000 units of a men's fragrance using packaging featuring its logo as used on apparel. Since 1978 PRL (Polo Ralph Lauren) and its licensee of PRL trademarks, L'Oreal, have used the mark known as the "Polo Player" logo on men's fragrances with its logo containing one player. The fragrance has been sold for 32 years and it was voted into the industry's Hall of Fame. PRL sued USPA. What must PRL establish to prevail in an action for trademark infringement How would you decide this case [ United States Polo Assn. v. PRL USA Holdings, Inc., 800 F. Supp. 2d 515 (S.D.N.Y.)]