Your school is embarking on a new advertising campaign and has started using the tagline "The Rolls-Royce of Higher Education." If Rolls-Royce is a registered trademark, can your school be liable for trademark infringement or trademark dilution?

What will be an ideal response?


Since Rolls-Royce is firmly established as a premier luxury automobile and engine maker, the likelihood of confusing a college or university with Rolls-Royce products is too remote to even approach a likelihood of confusion leading to liability for infringement. The difference between the types of products, autos/engines and education, and the remote possibility that the public could even consider that a university could affect the reputation of a world-renowned automaker also make dilution unlikely. In addition, your school could defend, claiming that the term Rolls-Royce has perhaps become a generic term representing excellence and that trademark protections should be reduced or abolished. This would depend on whether Rolls-Royce has taken steps to prevent genericization.

Business

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