Harley Davidson Trademark Dispute

Summary

Harley-Davidson registered hog as a trademark in 1990. Grottanellis use of The Hog Farm could cause consumer confusion, violating trademark rights. Trademark dilution laws protect famous trademarks from uses that lessen their uniqueness. The court would likely favor Harley-Davidson, requiring Grottanelli to stop using hog. Additionally, trademark classifications include suggestive, descriptive, fanciful, and arbitrary categories. Examples: Hard Rock Cafe is suggestive, Raisin Bran is descriptive, Coppertone is suggestive, Nyquil is fanciful, Pioneer is arbitrary, Brim is arbitrary, and Lite Cola is descriptive.

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Identify each of the following marks as arbitrary or fanciful, suggestive, descriptive, or generic: a. “Hard Rock Cafe” for a restaurant/bar b. “Raisin Bran” for breakfast cereal c. “Coppertone” for sun lotion d. “Nyquil” for cold medicine e. “Pioneer” for sugar f. “Brim” for coffee g. “Lite Cola” for a reduced-calorie soft drink
Certainly! Here are the classifications for the given trademarks:
- “Hard Rock Cafe”: Suggestive
- “Raisin Bran”: Descriptive
- “Coppertone”: Suggestive
- “Nyquil”: Fanciful
- “Pioneer”: Arbitrary
- “Brim”: Arbitrary
- “Lite Cola”: Descriptive
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