Westlaw Headnote of the Day – December 10, 2010

December 10, 2010

West's Key 382T Trademarks
West's Key 382TIX Actions and Proceedings
West's Key 382TIX(F) Injunctions
West's Key 382Tk1701 Preliminary or Temporary Injunctions
West's Key 382Tk1704 Grounds and Subjects of Relief
West's Key 382Tk1704(6) k. Dilution.

Although the English word “Scrabble” may once have had currency in context distinct from word game at issue in case, its use as name of a game was sufficiently fanciful to render it fit for employment as a mark, and, on issue of preliminary injunction to restrain defendant from distributing book on ground of threatened trademark infringement, the threatened destruction or serious dilution of the mark could be found substantially to outweigh any possible loss to defendant during pendency of litigation.
Selchow & Righter Co. v. McGraw-Hill Book Co., 580 F.2d 25 (2d Cir. 1978)