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  5. 955 F.Supp. 598 (1997)
 

RINGLING BROS. v. UTAH DIV. OF TRAVEL DEVELOPMENT

Civil Action No. 1:96cv0788.

955 F.Supp. 598 (1997)

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

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

February 21, 1997.

Attorney(s) appearing for the Case

Stephen M. Colangelo, John F. Anderson, McGuire Woods Battle & Boothe, L.L.P., McLean, VA (Steven B. Pokotilow, Laura E. Goldbard, Stroock & Stroock & Lavan, New York City, of counsel), for Plaintiff.

Jan Graham, Attorney General, Jerrold S. Jensen, Ralph L. Finlayson, Assistant Attorneys General, Salt Lake City, UT, for Defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

This trademark action presents the novel question whether a jury trial is available for a cause of action brought under the new anti-dilution provision of the Lanham Act ("the Act"), 15 U.S.C. § 1125(c).

I.

Ringling Bros.-Barnum & Bailey Combined Shows, Inc. ("Ringling") operates a well-known circus which has advertised and promoted its product for more than a century using the mark...

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