X-Nico

Playboy Enterprises, Inc. v. Welles

The Plaintiff was relying on the decision in Brookfield Communications, Inc. v. West Coast Entertainment Corp., to support the contention that the Defendant’s use of Playboy trademark in her web site infringes on its trademark by causing likelihood of confusion shown on the basis of initial interest confusion.

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This intent was relevant since the court in Brookfield stated that in “Dr. Seuss, the Ninth Circuit explicitly recognized that the use of another’s trademark in a manner calculated to capture initial consumer attention, even though no actual sale is finally completed as a result of the confusion, may be still an infringement.” Brookfield at 1062.

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