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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


Home Box Office v Showtime, 832 F.2d 1311 (2d. Cir. 1987)

Showtime launched a new advertising and promotional campaign using a new slogan as its theme. The primary slogan used was "SHOWTIME & HBO. It's Not Either/Or Anymore." (the "slogan"); the related slogans were: "THE MOVIE CHANNEL & HBO. It's Not Either/Or Anymore.", "SHOWTIME & HBO. Together is Better.", "Why SHOWTIME & HBO make such a perfect pair.", and "Play the Showtime PERFECT (HBO, Showtime) PAIR Instant Winner Game."

Home Box Office sued to stop Showtime. HBO maintained that the slogan was confusing because it suggested that HBO and Showtime had merged or were engaged in a cooperative promotional campaign. Following a hearing, the district court enjoined Showtime from using the contested slogans unless they were accompanied by disclaimers adequate to avoid confusing consumers.

Court of Appeals affirmed the district court's grant of summary judgment in favor of Home Box Office. Discussion is particularly interesing concerning the use and effect of disclaimers.

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