Federal Court Bars POLO Magazine from Using Polo Trademark Without Strong Disclaimer
The Texas court had previously found that Westchester Media had intentionally traded on Polo Ralph Lauren's goodwill and reputation by virtue of its use of the name POLO, one of the world famous trademarks owned by Polo Ralph Lauren for apparel, home, accessories, and fragrance. The Fifth Circuit Court of Appeals affirmed that ruling in June 2000.
After further deliberation, and over the objection of Westchester Media, the trial court ruled that any use of the name Polo in connection with the fashion and lifestyle magazine must be accompanied by the boldly displayed disclaimer. The court ruled that only by use of this prominent disclaimer could the magazine alleviate the likelihood of confusion by consumers who might be misled into thinking that POLO Magazine has any affiliation with Polo Ralph Lauren.
POLO Magazine was first published in 1975 as a magazine devoted to the equestrian sport of polo and was endorsed as the official magazine of the United States Polo Association. After the magazine was purchased by Westchester Media in 1997, it was re-launched as a fashion and lifestyle publication in October 1997 which, according to the court, had a "new, glossy format and altered editorial and advertising direction, [which] evidence an intent to trade on the reputation and goodwill established by Polo Ralph Lauren over the last 30 years". POLO Magazine has not been on the newsstands since the fall of 1999.
"We are extremely pleased that the courts have recognized the importance of protecting Polo Ralph Lauren's trademarks from third parties such as POLO Magazine who cause consumer confusion and dilute our brand," said Roger Farah, President and Chief Operating Officer, Polo Ralph Lauren.
Polo Ralph Lauren Corporation is a leader in the design, marketing and distribution of premium lifestyle products in four categories: apparel, home, accessories and fragrances. For more than 30 years, Polo's reputation and distinctive image have been consistently developed across an expanding number of products, brands and international markets. The Company's brand names, which include "Polo," "Polo by Ralph Lauren," "Polo Sport," "Ralph Lauren", "RALPH," "Lauren," "Polo Jeans Co.," "Chaps," and "Club Monaco" among others, constitute one of the world's most widely recognized families of consumer brands.
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SOURCE Polo Ralph Lauren
CONTACT: Ellen Maguire, Public Relations of Polo Ralph Lauren,
+1-212-318-7115
(RL)
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