Holder of trademarks "Playboy" and "Playmate" sued seeking to bar providers of Internet search engine from arranging for certain combination of advertisements to appear on results screen when user selected words "playboy" or "playmate" as search terms. Holder moved for preliminary injunction.
The District Court, Stotler, J., held that:
(1) holder failed to show that providers used trademarks in interstate commerce, as opposed to common English language words "playboy" and
"playmate;"
(2) necessary likelihood of confusion was not shown;
(3) no trademark dilution was shown;
(4) providers` use of search words was protected by First Amendment;
and
(5) in any event, doctrine of fair use covered providers` utilization of words.
Injunction motion denied.