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Chapel No. 13 Case Study Essay

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The jurisdiction and venue of the case will have to be determined, since the two parties are located in different states, California and Washington. The cases discussed are from different circuits and may be persuasive depending on the decided jurisdiction of the case. Furthermore, once jurisdiction is decided Chapel may also rely on state dilution statutes.

The disputed mark will most probably be eligible for a claim of dilution under 15 U.S.C §1125 as the mark is famous i.e. distinct and well known by the public. Chapel and Chapel No. 13 are famous as proven by fulfilling the statutory requirements. Both marks are federally registered, the mark Chapel has been used for a long time in the fashion industry and has established its reputation in the U.S., European and Japanese market and sells its products in high-end retail stores, whereas the mark, Chapel No. 13 has been used since 2008 both marks have priority under the statute. Also, the mark has been advertised and publicized over the past few years and Chapel has generated high revenue for its products. …show more content…
Blurring can be proven by establishing the six factors; (1) the “degree of similarity” of the marks, (2) distinctiveness of the famous mark, (3) exclusivity of use of the famous mark, (4) degree of recognition of the famous mark, (5) whether the defendant intended to create an association with the famous mark, and (6) any actual association between the marks 115 U.S.C §1125(c)(2)(B) (i)-(vi). Here, the first, second, third, fourth and fifth factors favor the plaintiff the most in proving dilution by

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