Trademark Law Briefs

Visa International Services Association v. JSL Corp., 610 F.3d 1088 (9th Cir. 2010)

Visa (the credit card giant) sued JSL who runs eVisa, an online site that teaches English as a second language.  JSL agreed that Visa’s mark was famous, but argued that his suggestive use based on the generic meaning must also be allowed Visa argued dilution by blurring (”which occurs when a mark previously associated with one product also becomes associated with a second”).  The trial court agreed with Visa, granting summary judgment.  The Court of Appeals affirmed this ruling. (more…)

Curren  v. San Diego Painting, 2009 Cal. App. Unpub. LEXIS 1856
March 4, 2009
California Court of Appeal, Fourth District, 1^st Division

Ruling: Trial Court did not err by granting a permanent injunction preventing plaintiff from using the geographically generic trade name “San Diego Painting” under California unfair competition law based on Defendant’s showing of secondary meaning.  (Unpublished Opinion) (more…)