Legal Opinion

Westchester Media Co v. PRL USA Holdings In

Court of Appeals for the Fifth Circuit

Decided June 27, 2000No. 99-20754PublishedCited by 106 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Appellants Westchester Media and Na-vasota Holding Co. (“Westchester”) appeal the judgment finding that their use of the mark “POLO” to title a magazine infringed marks for products sold by Polo Ralph Lauren entities (“PRL”). Two features distinguish this case from run of the mill trademark infringement claims. PRL is attempting to prevent Westchester from titling a magazine even though PRL itself sells no literary products. And Westches-ter acquired its “POLO” mark from and, at least in part for the continuation of, the official publication of the U.S. Polo…

2Cases cited34 opinions

  1. Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. And Michael ZaffaranoCourt of Appeals for the Second Circuit · 1979
  2. Ginger Rogers v. Alberto Grimaldi, Mgm/ua Entertainment Co., and Pea Produzioni Europee Associate, S.R.L.Court of Appeals for the Second Circuit · 1989
  3. Boston Professional Hockey Association, Inc. v. Dallas Cap & Emblem Mfg., Inc.Court of Appeals for the Fifth Circuit · 1975
  4. Exxon Corporation v. Texas Motor Exchange of Houston, Inc.Court of Appeals for the Fifth Circuit · 1980
  5. Dr. Seuss Enterprises, L.P. v. Penguin Books Usa, Inc., a Corporation Dove Audio, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1997

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3Cited by106 opinions

  1. Eli Lilly & Company, an Indiana Corporation v. Natural Answers, Incorporated, a Florida Corporation, and Brian A. FeinsteinCourt of Appeals for the Seventh Circuit · 2000
  2. Board of Supervisors for Louisiana State University Agricultural & Mechanical College v. Smack Apparel Co.Court of Appeals for the Fifth Circuit · 2008
  3. Rosa Parks v. Laface RecordsCourt of Appeals for the Sixth Circuit · 2003
  4. American Rice, Inc. v. Producers Rice Mill, Inc.Court of Appeals for the Fifth Circuit · 2008
  5. Scott Fetzer Co. v. House of Vacuums Inc.Court of Appeals for the Fifth Circuit · 2004

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