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Big O Tire Dealers, Inc. v. The Goodyear Tire & Rubber Company
United States Court of Appeals for the Tenth Circuit
561 F.2d 1365 (10th Cir. 1977)
Big O Tire Dealers, Inc. (Big O) (plaintiff) had tire dealerships in 14 states. In 1973 Big O began manufacturing tires it called the Big O Big Foots. Subsequently, The Goodyear Tire & Rubber Company (Goodyear) (defendant) launched a nationwide advertising campaign using the word “Bigfoot” in the sale of its tires. Goodyear’s Bigfoot advertising campaign cost $9,690,029. Big O brought suit against Goodyear for trademark infringement. The jury found infringement and awarded Big O $2.8 million in compensatory damages, which corresponded to Goodyear’s nationwide advertising budget, reduced by the percentage of states in which Big O did business (.28*$9,690,029). Goodyear appealed.
Rule of Law
Holding and Reasoning (Lewis, C.J.)
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