Is The “Playmate Of The Year” A Fair Use?

Table of Contents

Is The “Playmate Of The Year” A Fair Use?

Issues

The Lanham Act

A Trademark Is . . .

Playboy’s Trademarks

Trademark Infringement Is . . .

Likelihood of Confusion Test

Trademarks In Cyberspace

Playboy Enterprises, Inc. v. Terri Welles

Procedural History

Who Is Terri Welles?

Terri’s Website

Actual Website

Why Was Terri Sued By Playboy?

Not a Domain Name Case

Website Addresses

Not a Cyberstuffing Case

Meta Tags

Search Engines

Search Engine Attribute Chart

Web Search for “Playboy”

Terri’s Meta Tags (Code)

Why Was Terri Sued By Playboy?

Terri’s Home Page Banner

PMOY `81

Terri’s Watermark

Terri’s Disclaimer

Terri Defenses

Traditional Fair Use

Example:

Applies to Incontestable Marks

Nominative Fair Use Defense

Examples

New Kids Case

“Playmate” & “Playmate Of The Year” Are Titles

Description of Terri Welles

Playboy Playmate of the Year 1981 Describes Terri Welles

Others Who May Not Be Able To Describe Themselves

PMOY `81 is Descriptive

Welles’ Meta Tags Index Content

PEI v. Welles Analysis

Other Cases/Issues For Another Day

Is The “Playmate Of The Year” A Fair Use?

Email: jayk@inetworld.net

Other information:
Presented to State Bar of Florida CLE February 19, 1999

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