Under the US Federal Trademark Law, the Lanham Act, apply the pertinent provisions that pertains to the case questions and provide a brief rationale of
Under the US Federal Trademark Law, the Lanham Act, apply the pertinent provisions that pertains to the case questions and provide a brief rationale of your position.
Jillian registers the domain names SunnynFunnySucks.com and WatchDonnyFail.com to get back at the company named Sunny n Funny and the CEO, Donny, whom Jilliam dislikes.
SunnynFunnySucks.com links to a one-page Website that just contains the statement: "SUNNY N' FUNNY is NOT sunny or funny. ANIMALS BELONG IN NATURE, NOT ON STAGE. Do NOT vote for DANGEROUS DONNY."
Meanwhile, WatchDonnyFail.com links to a news Website that compiles articles relating to Donny's run for Senate, many of which are critical of Donny's candidacy.
Through both Websites, Jillian sells t-shirts with the words "SUNNY N' FUNNY is NOT sunny or funny" printed on the front and "Tell Donny to Sit Down" printed on the back.
- Can the company successfully sue Jillian for likelihood of dilution of its trademark? Why or why not? If so, under which theory of dilution could the company sue her?
- Are any of Jillian's actions protected by the Free Speech Clause of the First Amendment? Why or why not?
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