Tabberone is pronounced tab ber won not tay ber own

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Westchester Media Co., L.P. v. PRL USA Holdings, Inc, 214 F.3d 658 (5th Cir. 2000) PLAINTIFF: Westchester Media was publishing a magazine named "POLO" and was in the business of printing magazines. DEFENDANT : POLO is used on products sold by Polo Ralph Lauren entities ("PRL") but PRL itself sells no literary products. Westchester filed seeking a declaration that its use of the title "POLO" for its magazine on "equestrian sports and lifestyles" did not infringe PRL's "Polo" mark. PRL asserted counterclaims for trademark infringement, dilution and unfair competition under the Lanham Act and Texas law, and sought injunctive relief. The parties stipulated that all matters would be tried to a magistrate judge. Magistrate judge's finding of trademark infringement was upheld on appeal. Case remanded for application of disclaimer.