Accordingly, the court finds that Defendant Welles has established a fair use defense under the New Kids standard for her use of the words "Playmate of the Year " in her title on her homepage, "PMOY '81" in the watermarks, and "Playboy Playmate of the Year " and "Playmate of the Year " in her advertising banners. Welles' use of the terms "Playboy Playmate of the Year " or "Playmate of the Year " in her advertising banners mirrors her use of these terms in the visual title of her homepage, with the exception of slight changes in the placement, font, size, and location. The metatag keywords on Ms. Playboy did win a minor victory. See 15 U. See Metro Pub. Defendant Welles states that the sole third party website cited by Mr.
Gig Gangel. Here, the Ninth Circuit Court applied the nominative fair use test to the defendant and concluded the Defendant's use of these trademarked items was permissible because there was no other practical way for the Defendant to describe herself. Help Learn to edit Community portal Recent changes Upload file. Welles was born in Santa Monica, California. On appeal, the Ninth Circuit affirmed the district court's conclusion with respect to Welles' use of metatags because the court considered the use nominative. Terri Welles Inc. However, the court added that the Plaintiff's reliance on Brookfield was misplaced.
Miss December | Terri Welles | Playmate Of The Month
On her web site she described herself as a former Playboy model and Playmate of the Year. In Welles started an online business selling pictures of herself. From Wikipedia, the free encyclopedia. Welles ,  was that virtually all of Welles' use of the terms were considered nominative uses , and did not infringe on Playboy's rights. Her original pictorial was photographed by Richard Fegley.
Description: Playboy Playmates of the Year. This intent was relevant since the court in Brookfield stated that in "Dr. This article needs additional citations for verification. Welles maintained a website which identified her as a former PMOY and displayed the registered trademarked terms Playboy, Playmate of the Year, and Playmate of the Month and the unregistered trademark "PMOY" in metatags , wallpaper , banner ads , and the masthead. Playboy Enterprises, which was starting up its own online business at this time, sued Welles in claiming that it had the exclusive right to use of its trademark terms "Playboy" and "Playmate of the Year" for commercial purposes.