Candyland Pc Game 1996 Download

Defendants utilized "Candyland" in its domain name for a sexually explicit site. Hasbro, owner of a federal trademark in the name Candy Land, utilized principally in connection with a children's game, claimed that defendants' conduct violated federal and Washington trademark anti-dilution statutes. On Hasbro's motion, the court issued a preliminary injunction, enjoining the defendants from continuing to use the name Candyland, inter alia, in their site's domain name. Defendants were, however, permitted by the court to post for 90 days a referral notice at their former URL address http:/www.candyland.com informing those interested in the site of its new location.

Candy Land was involved in one of the first disputes over internet domain names in 1996. An adult web content provider registered candyland.com, and Hasbro objected. Hasbro obtained an injunction against the use.

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Candy Land was involved in one of the first disputes over Internet domain names in 1996. An adult web content provider registered candyland.com, and Hasbro objected. Hasbro obtained an injunction against the use.[4]

Candy Land takes place in 1996 and follows several "lot lizards," including Sadie (Sam Quartin), Riley (Eden Brolin), Liv (Virginia Rand), and Levi (Owen Campbell), sex workers who make a living off truckers outside the motel they reside at with their matriarch, Nora (Guinevere Turner). One morning, the group finds Remy (Olivia Luccardi), who was abandoned at the truck stop by her own group of religious zealots. When the "lot lizards" take Remy in as one of their own, bodies start piling up around the truck stop. Soon, the real reason Remy was abandoned at the truck stop will be revealed and will result in a bloodbath of epic proportions.

The shop quickly became the number one department in the store based on square footage, and the concept grew to more than 30 locations around the country. For his achievements with FAO Schweetz, Jeff was presented with the 1996 Professional Candy Buyer of the Year Award from Professional Candy Buyer magazine.

Courts uniformly have held, and this court agrees, that the use of a famous trademark in a domain name used to purvey pornography constitutes dilution. See Hasbro Inc. v. Internet Entertainment Grp. Ltd., 40 U.S.P.Q.2d 1479, 1996 WL 84853 (W.D.Wash.1996) (finding that Candyland trademark for children's games was diluted by website located at candyland.com showing sexually explicit pictures); Toys `R' Us, Inc. v. Akkaoui, 40 U.S.P.Q.2d 1836, 1996 WL 772709 (N.D.Cal.1996) (same for website located at adultsrus.com); Archdiocese of St. Louis v. Internet Entertainment Grp., Inc., 1999 WL 66022 (E.D.Mo.1999) (finding marks such as PAPAL VISIT 1999 were tarnished by defendant's use of papalvisit.com and papalvisit1999.com domain names for sites advertising adult entertainment web sites).

[2] The absence of capitalization is of no moment in environments such as internet search engines which need not be "case-sensitive." In such an environment, "ford" is indistinguishable from either "Ford" or "FORD." Accord Toys `R' Us, Inc. v. Akkaoui, 40 U.S.P.Q.2d 1836 (N.D.Cal.1996), wherein the website was spelled "adultsrus.com" without either capitalization or punctuation.

Plaintiff Ringling Bros.-Barnum & Bailey Combined Shows, Inc. ("Ringling") brings *206 this action against Defendant B.E. Windows Corporation ("B.E.") alleging violation of its rights to the trademark phrase THE GREATEST SHOW ON EARTH. Ringling has moved by Order to Show Cause for a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure based upon its claims for dilution of this trademark under 15 U.S.C. 1125(c) and 368-d of the New York General Business Law.[1] Plaintiff asks the Court to enjoin B.E. from using the name "The Greatest Bar on Earth," which recently opened atop the World Trade Center. An evidentiary hearing was held on July 3, 1996. For the reasons discussed below, Plaintiff's motion is denied.

As part of its long-standing corporate policy, Ringling vigorously protects any abuse of its trademark. Cplt. 14. Ringling's legal department handles many incidents of possible trademark infringement each year, in an effort to protect THE GREATEST SHOW ON EARTH.[3] Testimony of Julie Alexa *207 Strauss, Ringling's Vice President and Corporate Counsel, July 3, 1996. When Ringling is notified of a possible infringement (by an employee or otherwise) it investigates and, if necessary, sends a cease and desist letter to the offending party. Id. In almost every instance, Ringling either obtains an agreement from the party to cease its use or grants a license to the party. Affidavit of Julie Alexa Strauss, June 24, 1996 ("Strauss Aff.") 9.

Defendant B.E. Windows Corporation recently opened "The Greatest Bar on Earth" on the 107th floor of the World Trade Center. Cplt. 20. The bar is the creation of Joseph Baum, widely known for his innovative restaurant creations, such as the Rainbow Room, Mama Leone's, and the original Windows on the World. Memorandum in Opposition to Plaintiff's Application for an Order to Show Cause for a Preliminary Injunction ("Opp.Mem.") at 2. B.E. claims that the bar's location works together with Baum's creative genius to entitle the bar to its designation as "The Greatest Bar on Earth." Id. at 15. It is a bar which "[c]onceptually ... is on earth but seems halfway to the moon." Id. at 2. Because of this, the bar employs a moon and stars graphic motif, which is used in conjunction with the name "The Greatest Bar on Earth" on food and drink menus. Pl.Ex. 28. More than $50,000 was invested in the design and production of the logo and collateral material used in connection with the bar's name. Declaration of David Emil, President of B.E. Windows, June 28, 1996 ("Emil Dec.") 8.

Toward the end of May 1996, Ringling became aware that B.E. was about to open "The Greatest Bar on Earth." On June 3, 1996, Ringling's counsel informed David Emil that B.E.'s proposed name constituted a violation of Ringling's trademark rights. Cplt. 21. A follow-up letter was sent on June 4, 1996, requesting that B.E. refrain from its planned use of the name. Id. B.E.'s counsel responded with a letter of her own, dated June 13, 1996, in which she stated her belief that "The Greatest Bar on Earth" did not infringe upon Ringling's trademark. Id. 22. Ringling sent a second letter to B.E. on June 14, reiterating its position. Id. 23. A telephone conversation between counsel for the parties took place on June 19. Upon being informed by B.E. that it planned to keep the name, Ringling issued a third warning in writing, stating clearly that Ringling intended to enforce its rights to prevent the dilution of its trademark. Id. 24. Ringling filed its Complaint on June 24, 1996.

New York's trademark anti-dilution statute has been on the books for many years, and thus has developed a significant amount of case law to support its application and interpretation. "In sum, the statute protects a trademark's `selling power.'" Mead Data Central, Inc. v. Toyota Motor Sales, U.S.A., Inc., 875 F.2d 1026, 1030 (2d Cir. 1989) (quoting Sally Gee, Inc. v. Myra Hogan, Inc., 699 F.2d 621, 624-25 (2d Cir. 1983)). In order to establish a claim for dilution under New York law, two elements must be shown: (1) ownership of a distinctive mark, and (2) a likelihood of dilution. See Hormel Foods Corp. v. Jim Henson Prods., Inc., 73 F.3d 497, 506 (2d Cir.1996); Sally Gee, 699 F.2d at 625. A likelihood of dilution can be founded upon a showing of either blurring or tarnishment.

The second element which must be shown in order to establish a claim for dilution is a likelihood of dilution, which may be established by a showing of either tarnishment or blurring. Ringling attempts to establish a claim for tarnishment based solely upon the fact that "The Greatest Bar on Earth" is an adult establishment where alcohol is served. Plaintiff claims that the "wholesome, family-oriented image of THE GREATEST SHOW ON EARTH is being adulterated by an association with a bar." Strauss Aff. 17. According to Ringling's own employee, however, alcohol is served at some of the venues where the circus performs, and some of Ringling's restaurant sponsors also sell alcohol. Testimony of Stephen Yaros, Ringling's New York Regional Marketing Director, July 3, 1996. Thus, there is no basis for Ringling's claim of tarnishment through association with an establishment that serves alcohol.

In this case, Ringling has produced no evidence which would show that B.E. adopted the name "The Greatest Bar on Earth" in order to benefit commercially from the fame of the mark THE GREATEST SHOW ON EARTH. Joseph Baum, the creator of the bar, testified that he has had the concept of a spectacular bar for many years, and that he has waited a long time to see his dream of the greatest bar on Earth become a reality. Testimony of Joseph Baum, July 3, 1996. Baum further testified that he did not consider any other names for the bar, and did not recall if any other names were discussed by B.E.'s creative team. Id.

*214 Though B.E. has not placed advertisements in the media, it has spent about $56,000 on collateral material such as brochures, gift certificates, press kits, signs and menus. Deposition of E. Sue Klein, Chief Financial Officer of B.E. Windows, July 2, 1996 at 48. B.E. also received media coverage prior to its opening. Cplt. Ex. 6. However, B.E.'s minimal expenditures and scant media coverage have not helped "The Greatest Bar on Earth" achieve any degree of fame, either nationally or in the New York metropolitan area.[13] Because it is a mark of little renown, it is unlikely that its use will cause any dilution by blurring in the minds of the public.

*215 On July 11, 1996, the Court denied Plaintiff's motion for a preliminary injunction. See Ringling Bros.-Barnum & Bailey Combined Shows, Inc. v. B.E. Windows Corporation, 937 F. Supp. 204 (S.D.N.Y.1996). Plaintiff now moves for reargument under Local Rule 3(j) and to alter or amend the July 11 Opinion and Order under Fed.R.Civ.P. 59(e). Alternatively, Plaintiff requests an expedited trial pursuant to Fed.R.Civ.P. 40.[1] 006ab0faaa