Downhill skiing is not the same thing as a circus

December 10, 2014

  • 382T Trademarks
  • 382TIX Actions and Proceedings
  • 382TIX(C) Evidence
  • 382Tk1620 Weight and Sufficiency
  • 382Tk1624 Dilution

12-10-14Consumer survey evidence was insufficient to establish that circus’ “THE GREATEST SHOW ON EARTH” trademark was diluted by state’s “THE GREATEST SNOW ON EARTH” trademark, which state used to advertise winter sports; slightly more people within state associated famous mark with circus than in areas where state’s mark was unknown, and persons confronted with famous mark associated it only with circus, and did not associate mark with state, with winter sports, or with any activities attributable to state’s use of “THE GREATEST SNOW ON EARTH.”

Ringling Brothers-Barnum & Bailey Combined Shows, Inc. v. Utah Div. of Travel Development, 955 F.Supp. 605, (E.D. Va., 1997)