Cheese Nips in the cheese cracker snack market. In a 1998 joint promotion agreement with television network
Question:
“Cheese Nips” in the cheese cracker snack market. In a 1998 joint promotion agreement with television network Nickelodeon, Nabisco planned to launch a new snack cracker product that combined three shapes of cheese crackers:
(1) a “CatDog” shape
(2) bones, and
(3) fish, all of which were based on trademarked images from the popular Nickelodeon cartoon CatDog. The Second Circuit found Nabisco’s planned product to wrongfully dilute Pepperidge Farm’s Goldfish trademark. Which party could be said to have stepped on a trademark landmine? How does this case illustrate the concept of “negative rights”?
Step by Step Answer:
The Legal And Ethical Environment Of Business
ISBN: 9781454893028
2nd Edition
Authors: Gerald R. Ferrera, Mystica M. Alexander, William P. Wiggins, Cheryl Kirschner, Jonathan J. Darrow