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The COACH Mark Is Famous, But Not Famous Enough to Support a Dilution Claim
Although acknowledging that the COACH mark for handbags and other luxury goods was famous enough for that fame to be a strong factor in a likelihood of confusion analysis, the U.S. Court of Appeals for the Federal Circuit has concluded that there was insufficient proof that the mark was a “household name” that was famous enough to support a claim of dilution against a third party's COACH-branded educational materials. Coach Services, Inc. v. Triumph Learning LLC, __ F.3d __ (Fed. Cir. 2012).
Factual History
Triumph Learning LLC (“Triumph”) is a publisher of books and software to assist teachers and students to prepare for state-administered standardized tests. Triumph claims to have adopted the trademark COACH for its educational materials in 1986, and to have expanded its marketing after Congress passed the No Child Left Behind Act in 2001 by developing a cartoon mascot resembling a sports coach and adopting the slogan “America's best for student success.”
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