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Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller
Edition 10ISBN: 978-1305075443Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller
Edition 10ISBN: 978-1305075443 Exercise 4
Hasbro, Inc. v. Internet Entertainment Group, Ltd.
United States District Court, Western District of Washington, ___ F.Supp.2d ___ (1996).
FACTS In 1949, Hasbro, Inc.-then known as the Milton Bradley Company-published its first version of Candy Land, a children's board game. Hasbro is the owner of the trademark "Candy Land," which has been registered with the U.S. Patent and Trademark Office since 1951. Over the years, Hasbro has produced several versions of the game, including Candy Land puzzles, a travel version, a computer game, and a handheld electronic version. In the mid-1990s, Brian Cartmell and his employer, the Internet Entertainment Group, Ltd., used the term candyland.com as a domain name for a sexually explicit Internet site. Anyone who performed an online search using the word candyland was directed to this adult Web site. Hasbro filed a trademark dilution claim in a federal court, seeking a permanent injunction to prevent the defendants from using the Candy Land trademark.
ISSUE Was Hasbro's claim of trademark dilution valid?
DECISION Yes. The federal district court granted Hasbro a permanent injunction and ordered Internet Entertainment to remove all content from the candyland.com Web site and to stop using the Candy Land mark.
REASON Hasbro had shown that the defendants' use of the Candy Land mark and the domain name candyland.com in connection with their Internet site was causing irreparable injury to Hasbro. As required to obtain an injunction, Hasbro had demonstrated a likelihood of prevailing on its claims that the defendants' conduct violated both the federal and the Washington state statutes against trademark dilution. "The probable harm to Hasbro from [the] defendants' conduct outweighs any inconvenience that [the] defendants will experience if they are required to stop using the CANDY LAND name."
FOR CRITICAL ANALYSIS-Economic Consideration How can companies protect themselves from others who create Web sites that have similar domain names, and what limits each company's ability to be fully protected?
United States District Court, Western District of Washington, ___ F.Supp.2d ___ (1996).
FACTS In 1949, Hasbro, Inc.-then known as the Milton Bradley Company-published its first version of Candy Land, a children's board game. Hasbro is the owner of the trademark "Candy Land," which has been registered with the U.S. Patent and Trademark Office since 1951. Over the years, Hasbro has produced several versions of the game, including Candy Land puzzles, a travel version, a computer game, and a handheld electronic version. In the mid-1990s, Brian Cartmell and his employer, the Internet Entertainment Group, Ltd., used the term candyland.com as a domain name for a sexually explicit Internet site. Anyone who performed an online search using the word candyland was directed to this adult Web site. Hasbro filed a trademark dilution claim in a federal court, seeking a permanent injunction to prevent the defendants from using the Candy Land trademark.
ISSUE Was Hasbro's claim of trademark dilution valid?
DECISION Yes. The federal district court granted Hasbro a permanent injunction and ordered Internet Entertainment to remove all content from the candyland.com Web site and to stop using the Candy Land mark.
REASON Hasbro had shown that the defendants' use of the Candy Land mark and the domain name candyland.com in connection with their Internet site was causing irreparable injury to Hasbro. As required to obtain an injunction, Hasbro had demonstrated a likelihood of prevailing on its claims that the defendants' conduct violated both the federal and the Washington state statutes against trademark dilution. "The probable harm to Hasbro from [the] defendants' conduct outweighs any inconvenience that [the] defendants will experience if they are required to stop using the CANDY LAND name."
FOR CRITICAL ANALYSIS-Economic Consideration How can companies protect themselves from others who create Web sites that have similar domain names, and what limits each company's ability to be fully protected?
Explanation
Verified
Verified
Trademark dilution is different from tra...
Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller
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