Visa International Service Association v. JSL Corp.
United States Court of Appeals for the Ninth Circuit
610 F.3d 1088 (2010)
Relevant factsFree
JSL Corp. (defendant) operated an English-tutoring business in Japan under the name "eVisa," short for "Eikaiwa Visa"; Visa (plaintiff), owner of the federally registered "Visa" mark and the world's top financial-services brand, sued JSL claiming eVisa diluted its trademark, presenting market surveys and expert testimony supporting dilution, while JSL argued it had no intent to dilute Visa's mark. The district court granted Visa summary judgment, and JSL appealed.
IssueFree
Whether, if a trademark includes a common word, it must be distinctive for the trademark holder to claim that another's use of the same common word has diluted its trademark.
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