Playboy Enterprises, Inc. v. Welles
United States Court of Appeals for the Ninth Circuit
279 F.3d 796 (2002)
Terri Welles (defendant), Playboy's 1981 Playmate of the Year, used the title 'Playboy Playmate of the Year 1981' on her website, sold photos, and described her Playboy background, using terms like 'Playboy,' 'Playmate,' the full title, and the abbreviation 'PMOY '81,' the last of which also appeared as repeated background wallpaper throughout the site, sometimes without any accompanying picture or reference to Welles specifically. Playboy (plaintiff) sued for trademark infringement and dilution, the district court granted Welles summary judgment, and Playboy appealed.
Whether a trademark user who does not own the trademark has a right to use the trademark nominally to describe her own history or product.