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Friday, September 24, 2004
Indiana Decisions - One so far today from 7th Circuit
Sullivan, Frank M. v. CBS Corporation (ND Ill.)
Before RIPPLE, MANION, and WOOD, Circuit Judges.
WOOD, Circuit Judge. Seeking to protect his trademark in the band name “Survivor” (the Band), Frank Sullivan brought an action alleging trademark infringement, federal and common law trademark dilution, unfair competition, and deceptive trade practices against defendants CBS Corporation, CBS Broadcasting, Survivor Productions, TVT Records and Tee Vee Toons, (collectively referred to as CBS), the producers and distributors of music CDs and merchandise bearing the logo of the well-known television show, “Survivor” (the Series). Sullivan, who registered the mark “Survivor” in connection with the Band in 1994, claims that the defendants cannot use the word “Survivor” on their CDs and merchandise. The district court granted summary judgment in favor of the defendants, holding that although Sullivan’s mark is entitled to protection, Sullivan cannot demonstrate any likelihood of confusion as to the origin of the CDs or merchandise related to the Series, nor can Sullivan show any likelihood of dilution. On our de novo review, we too conclude that Sullivan cannot show any likelihood of confusion or dilution, and so we affirm the judgment of the district court. * * *Sullivan, through his band Survivor, has been fortunate enough to have a successful rock band, succeeding in a business where many fail. CBS, through its show Survivor, has (for better or for worse) revolutionized the world of reality television. Both Sullivan and CBS are using the same mark, but we hold that there is no likelihood of confusion in the minds of consumers. We therefore AFFIRM the judgment of the district court.
Posted by Marcia Oddi on September 24, 2004 12:11 PM
Posted to Indiana Decisions