April 12, 2013
- 382T Trademarks
- 382TIII Similarity Between Marks; Likelihood of Confusion
- 382Tk1106 k. Relationship Between Parties or Actors Using Marks.
Garbage bag seller’s use of “Bagzilla” name, figure and slogan “monstrously strong bags” posed no likelihood of confusing consumers by suggesting that the trash bags were made, sponsored or endorsed by creators of Godzilla character; thus, creators of Godzilla failed to establish a claim for false designation of origin.
Toho Co., Ltd. v. Sears, Roebuck & Co., 645 F.2d 788 (9th Cir. 1981)