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Visa International Service Association v. JSL Corp.
United States Court of Appeals for the Ninth Circuit
610 F.3d 1088 (9th Cir. 2010)
JSL Corp. (JSL) (defendant) operates a business called “eVisa.” EVisa refers to “Eikaiwa Visa,” which was an English tutoring service that JSL offered in Japan. Visa International Service Association (Visa) (plaintiff), the owner of a federally registered trademark in the mark “Visa,” sued JSL on the basis that eVisa was likely to dilute the Visa trademark. Visa introduced evidence that it was the world’s top brand among financial service companies, conducted market surveys, and provided expert testimony showing that eVisa dilutes Visa’s trademark. JSL countered this evidence by stating that it did not intend to dilute Visa’s mark. Ultimately, the district court granted Visa’s motion for summary judgment, and JSL appealed.
Rule of Law
Holding and Reasoning (Kozinski, J.)
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