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Playboy Enterprises, Inc. v. Welles

279 F.3d 796 (9th Cir. 2002)

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Playboy Enterprises, Inc. v. Welles

United States Court of Appeals for the Ninth Circuit

279 F.3d 796 (9th Cir. 2002)

Facts

Terri Welles (defendant) was named Playboy Playmate of the Year for 1981 by Playboy Enterprises, Inc. (Playboy) (plaintiff). Welles used the title “Playboy Playmate of the Year 1981” on her website. Welles also sold some of her photos through her website, and she described her time working for Playboy in the biography section of her website. Playboy sued Welles. Playboy claimed that Welles used multiple trademarked terms on her website, including “Playboy,” “Playmate,” “Playboy Playmate of the Year 1981,” and the abbreviation “PMOY ’81.” The district court granted Welles’ motion for summary judgment. Playboy appealed the decision on its trademark infringement and dilution claims.

Rule of Law

Issue

Holding and Reasoning (Nelson, J.)

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