Question
Sunny n' Funny Days, Inc. (SFD) is the nation's largest and oldest provider of clown costumes and large arena-sized circus performances. SFD owns a registration
Sunny n' Funny Days, Inc. ("SFD") is the nation's largest and oldest provider of clown costumes and large arena-sized circus performances. SFD owns a registration for "SUNNY N' FUNNY DAYS" for use in connection with costumes and producing live acrobatic, musical and comedy performances. SFD also operates a clown school that it uses as a feeder for clowns in its circus shows. SFD has sold out arenas for circus shows in every major city in North America every year for the last 10 years.
"Sunny Klowee" is a famous pop music star known for singing about her two true loves: gambling and drinking alcohol. At every performance, Sunny Klowee walks on stage holding two flaming torches, which she extinguishes with her bare tongue. Also, she always keeps a bottle of wine with her on stage, which she drinks throughout her show.
Last week, she released a documentary called "Klowee's Sunny n' Funny Days in New York" on a pay-per-view Website. The documentary includes actual footage of Klowee yelling profanities at referees during a professional basketball game and drinking a whole bottle of wine in 20 seconds on stage in front of a sold-out arena. The documentary also shows that Klowee was inspired to pursue music professionally after SFD rejected her application to attend SFD's clown school.
- Can SFD successfully sue Sunny Klowee for likelihood of confusion, likelihood of dilution and/or false endorsement? Why or why not?
- If so, what viable defenses would Sunny Klowee have to any of those claims?
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