RINGLING BROS.-BARNUM v. UTAH DIV. OF TRAVEL DEVEL.

Civil Action No. 96-788-A.

935 F.Supp. 763 (1996)

RINGLING BROS.-BARNUM & BAILEY, COMBINED SHOWS, INC., Plaintiff, v. UTAH DIVISION OF TRAVEL DEVELOPMENT, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

September 10, 1996.


Attorney(s) appearing for the Case

Stephen M. Colangelo, McGuire, Woods, Battle & Boothe, Alexandria, Virginia, for Plaintiff.

Jerrold S. Jensen, Office of the Utah Attorney General, Salt Lake City, UT, for Defendant.


MEMORANDUM OPINION

ELLIS, District Judge.

This case presents a novel, but straightforward question concerning the scope of the new anti-dilution provision of the federal Trademark Act, 15 U.S.C. § 1125(c)(1). In essence, this new provision protects famous marks from losing their capacity for identifying goods or services as a result of the use by another of a mark regardless of the presence or absence of potential customer confusion or competition between...

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