Essay On Here's Johnny Portable Toilets

557 Words2 Pages

Plaintiff, John W. Carson, was a talk show host for “The Tonight Show,” which he started hosting in 1962. He was introduced into the show with the catchphrase “Here’s Johnny.” This show was broadcast five nights out the week. (Pg. 832). Johnny W. Carson formed a company called Johnny Carson, Inc., which was formed in 1970 that produce and markets Men’s clothing and retail stores. This company used the phrase “Here’s Johnny” that Johnny W. Carson approval. (Pg. 833) Defendant, Here’s Johnny Portable Toilets, Inc., which was formed in 1976 by the owner and president, Earl Braxton, is a large organization in Michigan that rent out and sell “Here’s Johnny” portable toilets. The founder of this business knew that the phrase “Here’s Johnny” was a motto …show more content…

Carson, sued Here’s Johnny Portable Toilets, Inc. for the claim of unfair competition, invasion of privacy and publicity rights, and trademark infringement under federal and state law. The district court ordered a dismissal of the plaintiffs’ complaint. (Page 833) The appellants’ first claim alleges unfair competition from defendant’s business actions, which violated Sec. 43a of Lanham Act and Michigan common law. The equitable relief under both Michigan common law and Sec. 43a was noted the “likelihood of confusion” standard by the district court. There are eight factors that determine the likelihood of confusion, which brings up the question of law. The eight factors are: strength of the plaintiff’s mark, relatedness of the goods, similarity of the marks, evidence of actual confusion, marketing channels used, likely degree of purchaser care, defendant’s intent in selecting the mark, and likelihood of expansion of the product line. (Page 833) The court discovered that “Here’s Johnny” was not a well-built mark and should be foreclosed completely. The court decided that the defendant did not mean to deceive the public into believing that John W. Carson was somehow affiliated with the

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