It is clear that defendants' use of plaintiff's trade dress and mark does not explicitly mislead consumers as to the content of the Game. Is there a valet stand in front of The Playpen club? When you remove an article of clothing, you do not lose sex appeal.
Categories :. Reputation: 20 Sex Appeal: 20 Price: Teaser Sites. Victim - Rodeo, LS. I take the examples of myself and many of my friends who play these kind of games all the time.
Paramount Pictures Corp. Yes, a little bit different. Thus, plaintiff's argument in this regard fails. It features three virtual cities, each of which contains hundreds of interactive locations created by animated graphics. Superior Court, 2 Cal.
Because the court's earlier comment was clearly erroneous, to base a ruling on it would work a manifest injustice. Of the players surveyed, sixteen mentioned "the Play Pen,"  while twenty-seven said the Pig Pen was a generic strip club.
The Ninth Circuit held Forsythe's use was nominative, in that his "use of the trade dress or mark [was] grounded in [his] desire to refer to the plaintiffs product as a point of reference for defendant's own work. In support of this statement, defendants cite plaintiff's Supplemental Response to Interrogatory No.
West Coast Entertainment Corp.