IT IS MY PLEASURE TO WRITE YOU THIS LETTER IRRESPECTIVE OF THE FACT THAT YOU DO NOT KNOW ME. HOWEVER, I GOT YOUR NAME THROUGH YOUR COUNTRY BUSSINESS ATTACHEE HERE IN MY SEARCH FOR A RELIABLE AND TRUST WORTHY PERSON THAT CAN HANDLE SUCH A CONFIDENTIAL TRANSACTION OF THIS NAURE.
As any moviegoer can attest, it is not unusual for movie producers to use a signature scene–and the products and props therein–to cultivate interest in a film. Films with car chases do so with cars; films with gunplay do so with firearms; films with haute couture wardrobes do so with clothing. Nothing
in the record suggests defendants’ used plaintiff’s marks to imply that plaintiff placed its imprimatur on the film; nowhere in defendants’ publicity efforts is plaintiff’s mark unreasonably displayed or abused. Cf. id. (finding improper a defendant’s use of another’s mark as if it was defendant’s own). Defendants, instead, use the marks and product in a specific and unique descriptive sense: to evoke associations with an iconic child’s toy.