For Your Data Packman V. Chicago Tribune Co. Illustration Brief

Packman v. Chicago Tribune Co. illustration brief summary
267 F.3d 628 (2001)

CASE SYNOPSIS

Plaintiff, possessor of federal as well as Earth trademarks, appealed the grant of summary judgment for defendants, a paper as well as the printer of memorabilia, yesteryear the United States of America of America District Court for the Northern District of Illinois, Eastern Division, for the claims brought nether the Lanham Act for trademark infringement as well as unfair competition.

CASE FACTS
Plaintiff used the trademarked phrase "the joy of six" for purpose inwards relation to football game as well as basketball game games. The paper began using the phrase to depict an anticipated Chicago Bulls 6th National Basketball Association championship. Plaintiff did non object to the purpose of the trademarked phrase, as well as sent a alphabetic quality encouraging the purpose of the phrase. After the championship, the paper printed the phrase inwards a banner headline as well as contracted alongside the printer to create memorabilia including the headline.

DISCUSSION

The district courtroom granted defendants' displace for summary judgment because they employed the phrase inwards a non-trademark purpose inwards expert organized religious belief to depict a feature of the product, thence the fair purpose defence protected them from liability for trademark infringement or unfair competition.
Plaintiff failed to attempt that consumers were probable to travel confused most the rootage of the goods based on a few contacts alongside friends most the "deal" alongside the newspaper.
The appellate courtroom affirmed because plaintiff failed to found a genuine termination of fabric fact every bit to the elements of the fair purpose defence as well as the likelihood of confusion.

CONCLUSION
The grant of summary judgment was affirmed.

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