CBS v. Liederman, 866 F. Supp. 763 (1995) p.448

SUBJECT

likelihood of confusion

FACTS

CBS registered Television City. Are that is used for film/TV show production. Guy in NY wants to have a restaurant called Television City.

ISSUE

Whether or not there is likelihood of confusion.

HOLDING

The Polaroid factors do not show a likelihood of confusion.

RATIONAL

Went through Polaroid factors:
1. strength of mark - TV City strong in conjuction with TV programs
2. degree of similarity - identical
3. proximity of goods and services - different - one is producing TV programs other is restaurant
4. likelihood of one bridging the gap - CBS claimed they have considered going into restaurant business; court said this not relevant, it is bridging the gap of RELATED goods or services; therefore restaurant services not related to TV production so therefore it is not relevant about whether CBS intended to go into restaurant business
5. quality of defendant's goods - no evidence of bad restaurant
6. sophistication of buyers - not considered

Looking at 2 different segments of the population. One is for TV production and other for restaurant.

Created on: Thursday, February 24, 2000 at 18:53:57 (PST)