Big O Tire Dealers, Inc. v. The Goodyear Tire & Rubber Company
United States Court of Appeals for the Tenth Circuit
561 F.2d 1365 (10th Cir. 1977)
Relevant factsFree
Big O Tire Dealers (plaintiff), which sold Big Foot tires in 14 states, sued Goodyear (defendant) for trademark infringement after Goodyear launched a nationwide Bigfoot ad campaign costing over $9.6 million. The jury found infringement and awarded Big O $2.8 million, calculated as 28% of Goodyear's national ad budget, matching the percentage of states where Big O operated. Goodyear appealed the damages calculation.
IssueFree
Whether a trademark-infringement plaintiff is entitled to a dollar-for-dollar match of the defendant's advertising expenditures as corrective-advertising damages.
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