Visa International Service Association v. JSL Corp.

590 F. Supp. 2d 1306 (2008)

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Visa International Service Association v. JSL Corp.

United States District Court for the District of Nevada
590 F. Supp. 2d 1306 (2008)

  • Written by Liz Nakamura, JD

Facts

Visa International Service Association (Visa) (plaintiff) was an international financial services company. Visa credit cards were accepted by millions of retailers across the United States. Visa held 56 federal trademarks containing “Visa.” JSL Corporation (JSL) (defendant) started an e-commerce and web development company using “eVISA” as a mark and website domain name. Visa sued JSL for trademark dilution and sought an injunction. Visa submitted nationwide surveys showing that (1) 99 percent of people recognized the Visa brand; and (2) 73 percent of respondents associated eVISA with Visa when shown the eVISA mark in the context of JSL’s website. The district court granted Visa summary judgment under the Federal Trademark Dilution Act (FTDA) and enjoined JSL from using the eVISA mark or domain name. The federal government subsequently passed the Trademark Dilution Revision Act of 2006 (TDRA), which was retroactively applicable. On Visa’s motion, the district court reconsidered the case under TDRA.

Rule of Law

Issue

Holding and Reasoning (Hicks, J.)

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