Wednesday, December 02, 2009

The rare explicitly false statement of sponsorship

Most times, trademark owners' allegations that consumers will be confused about sponsorship or affiliation are just ways to expand the scope of infringement by relaxing the theory of what constitutes confusion. But not always. The attention-grubbing Salahis run something called the Land Rover America's Polo Cup, for which one can buy extra-special Cartier seats. Except that many of the listed sponsors for the 2010 event, including Land Rover and Cartier aren't sponsors. (I get the sense from the story that many of them--possibly all--are embarrassed or embittered, or both, former sponsors. Apparently the Salahis' optional relationship to reality extends to paying suppliers and delivering on promises; also to identifying the amount of money they raised for charity and devoting same to charitable endeavors.)

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