On 8/28/98, Terry Carroll <carroll[_at_]tjc.com> wrote:
>
> On Thu, 27 Aug 1998, Leah Gadzikowski <lrgadz01[_at_]gwise.louisville.edu> wrote:
> >
> > How can Ralph Lauren sue the American Polo Association to stop them from
> > using the word "Polo" then? I've always thought that this was a really
> > stupid lawsuit since the game was there for a least 100 years before
> > Ralph, but there it is.
>
> Ralph is apparently relying on trademark law, not copyright law.
>
> First I've heard of this case. Are you sure that's accurate? It sounds
> too absurd.
According to newspaper accounts...
Westchester Media (WM) produces a magazine (founded in 1975) sponsored by the United States Polo Association called Polo. WM filed suit in February 1998 against Lauren seeking a declaratory judgment that the magazine could use the Polo name (which Lauren had previously demanded WM stop using). WM has a federally registered trademark in the word POLO. United States Magistrate Mary Milloy issued a preliminary injunction that permitted WM to use the name if it included the following disclaimer:
"This magazine is not affiliated in any way with Ralph Lauren or any Polo Ralph Lauren entities."
The disclaimer must appear on the cover, table of contents and masthead.
Lauren apparently got upset when the magazine started including more "lifestyle" stories, thereby possibly leading to possible confusion on the part of readers that the magazine is somehow associated with Lauren. Judge Milloy noted in her ruling that the magazine had sent promotional materials to credit card holders of Neiman Marcus.
The case is expected to go to trial end of this year or early next year.
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