Amicus Brief
JSL Corp. v. Visa International Services Ass’n
Published: June 20, 2003
Court
U.S. Court of Appeals for the Ninth Circuit
Our Position
Adding generic or otherwise nondistinctive elements to a mark (such as the prefix “e”) does not make it nonidentical to the senior mark, for either infringement or dilution purposes.
Outcome
The court held that the marks at issue were “effectively identical” and that the “e” prefix “does no more to distinguish the two marks than would the words “Corp.” or “Inc.” tacked onto the end.”
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