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Topic: Terri Welles


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  welles
Welles is not contractually restricted from using the terms Playmate of the Month or Playmate of the Year based on her previous contracts with PEI.
Welles may not trade on PEI's marks so as to compete with PEI; specifically, PEI argues that the prominent use of its marks to attract the attention of potential customers is a trademark infringement as well as a dilution of its marks.
Welles were not entitled to the fair use defense, plaintiff has failed to demonstrate that there is a likelihood of confusion for websurfers.
www.law.seattleu.edu /fachome/chonm/Cases/welles.html   (3495 words)

  
  Terri Welles - Wikipedia, the free encyclopedia
Terri Welles (born Terri Knepper November 21, 1956 in Santa Monica, California) is an American actress and adult model.
Welles first appeared on the cover of the May 1980 issue of Playboy, wearing a flight attendant costume to illustrate a pictorial on stewardesses (Welles was a United Airlines stewardess at the time).
She subsequently appeared as a centerfold in the December 1980 issue and was named Playmate of the Year for 1981.
en.wikipedia.org /wiki/Terri_Welles   (296 words)

  
 Playboy Enterprises v. Welles (2002)
In a separate memorandum disposition, we resolve Welles' cross-appeal of the district court's grant of summary judgment as to her counterclaims for defamation, intentional infliction of emotional distress, unfair competition, and interference with prospective economic advantage.
Terri Welles was on the cover of Playboy in 1981 and was chosen to be the Playboy Playmate of the Year for 1981.
For the foregoing reasons, we conclude that Welles' use of PEI's marks in her headlines and banner advertisements is a nominative use excepted from the law of trademark infringement.
www2.bc.edu /~herbeck/cyberlaw.playboyvwelles.html   (2438 words)

  
 Playboy Enterprises, Inc. v. Welles - Wikipedia, the free encyclopedia
Former Playboy Playmate of the Year ("PMOY") Terri Welles maintained a website which identified her as a former PMOY, using the trademarked terms in metatags and wallpaper.
In this case, the Court found that Welles could not identify herself without using the trademarked terms – the PMOY was something Welles was awarded, so she needed to use the term both on the site and in the metatags to identify herself as a recipient of the award.
Furthermore, Welles used no more of the trademark than the words themselves (which is as minimalist as is possible) and disclaimed any endorsement from Playboy.
en.wikipedia.org /wiki/Playboy_Enterprises,_Inc._v._Welles   (322 words)

  
 Ex-Playmate Didn’t Infringe ‘Playboy’ Trademarks on Website—Court
Welles is a former flight attendant, model, and sometime actress who was married in the 1980s to Charlie Simmer, then a high-scoring forward on the Los Angeles Kings hockey team.
Welles also had a counterclaim, alleging she was defamed in a newspaper interview that quoted a Playboy lawyer as saying she had “hijacked” the company’s site.
Welles appealed that portion of the judgment, saying she was not a public figure but was drawn into the controversy involuntarily when Playboy sued her.
www.metnews.com /articles/well020402.htm   (499 words)

  
 David J
WELLES reserves the right to assert additional affirmative defenses in the event discovery or further analysis indicates that additional or unknown or unstated affirmative defenses would be available.
Said statement was made to disparage and defame TERRI WELLES' reputation, and to suggest that she acted unethically and unlawfully in the conduct of her business.
WELLES is informed and believes and thereon alleges that all of the foregoing has been done in an attempt to inflict financial and emotional distress upon WELLES so as to inhibit her ability to conduct her lawful business and to coerce her into acceding to PEI's unreasonable demands.
www.terriwelles.com /legal/c_claim.html   (4552 words)

  
 Playboy Enterprises, Inc. v. Terri Welles, et al. - Phillips Nizer LLP Internet Library of Law and Court Decisions   (Site not responding. Last check: 2007-10-20)
Defendant Terri Welles ("Welles") is a model who appeared in plaintiff's "Playboy" magazine and who was chosen by plaintiff as its Playboy Playmate of the Year for 1981.
The court held that under this test, Welles' use of plaintiff's marks in both the masthead of, and in banner advertisements appearing on her site was a permissive nominative use.
The Court held that Welles' use of plaintiff's marks was necessary for her to identify herself, and as such, satisfied the first prong of the nominative use test.
www.phillipsnizer.com /library/cases/lib_case264.cfm   (1253 words)

  
 Playboy Enterprises, Inc. v. Welles
In a separate memorandum disposition, we resolve Welles' cross-appeal of the district court' s grant of summary judgment as to her counterclaims for defamation, intentional infliction of emotional distress, unfair competition, and interference with prospective economic advantage.
For the foregoing reasons, we conclude that Welles' use of PEI' s marks in her headlines and banner advertisements is a nominative use excepted from the law of trademark infringement.
We affirm on the ground that all of Welles' uses of PEI' s marks, with the exception of the use in the wallpaper which we address separately, are proper, nominative uses.
www.law.com /regionals/ca/opinions/feb/0055009.shtml   (3438 words)

  
 Wired News: Playmate Checkmates Hef's Mag
As of Tuesday, Welles was using meta-tags including "terri, welles, playmate, playboy, model, models, semi-nudity, naked, breast, breasts, tit, tits, nipple, nipples, ass, butt." Before Playboy sued her, she repeated the term "Playboy" in hopes of higher rankings.
Terri Welles litigation began in early 1998, trademark law on the Internet was far from settled and meta tags were more important to search engines.
The appeals court said that Welles' repeated use of the term PMOY in the background of her site was a trademark infringement: "We affirm the district court's grant of summary judgment as to PEI's claims for trademark infringement and trademark dilution, with the sole exception of the use of the abbreviation 'PMOY.'"
wired-vig.wired.com /news/politics/1,50255-1.html   (931 words)

  
 Playboy Enterprises, Inc. v. Wells
Welles opened a website, http://www.terriwelles.com, which includes photographs of herself and others (both nude and clothed), a fan club posting board, an autobiography section, and a listing of current events and personal appearances.
However, it contends that Ms, Welles may not trade on PEI's marks so as to compete with PEI; specifically, PEI argues that the prominent use of its marks to attract the attention of potential customers is a trademark infringement as well as a dilution of its marks.
Welles' website since plaintiff has not demonstrated that there is a likelihood of confusion, As such, the court, hereby DENIES plaintiff's Motion for a Preliminary Injunction.
www.loundy.com /CASES/Playboy_v_Wells.html   (3366 words)

  
 Model prevails in Playboy case | CNET News.com
Model Terri Welles, who was Playboy's 1981 Playmate of the Year, maintains a Web site where she sells photos of herself and advertises her services as a model.
Welles said she would continue to fight the publishing giant, although she has already spent about $120,000 in legal fees on the case.
Welles is the "Playmate of the Year 1981," there is no other way that [she] can identify or describe herself and her services without venturing into absurd descriptive phrases," Keep added.
news.com.com /2100-1023-217573.html   (743 words)

  
 Netlitigation | Cases | Playboy v. Terri Welles
In her answer, Welles asserted that her use of titles given to her by PEI was fair use that did not deceive the public or dilute PEI's trademarks.
Welles claims that PEI, through various communications and correspondence, initially encouraged her to use the titles bestowed on her in 1981.
In essence, the court agreed with Welles' contention that her use of the trademarks was a fair use because it accurately described and identified her.
www.netlitigation.com /netlitigation/cases/welles.htm   (778 words)

  
 FAQ
Playboy was in the process of doing a pictorial on Stewardesses and he asked me if I'd like to do the cover of that issue.
Well, as they say, the rest is history.
I'm sorry to report that due to recent developments with Playboy, we were unable to come to terms regarding a Terri Welles Revisted pictorial.
www.terriwelles.com /main/faq.html   (461 words)

  
 TIME.com Print Page: Nation -- Play on Words
Well, both, and in the case of Terri Welles, it's a question for the courts, with repercussions that will be felt all over the Internet.
Welles was the PMOY in 1981, something you quickly learn when you go to her web site, which uses a "PMOY '81" logo as wallpaper.
Welles launched the site -- where she displays the attributes that got her in the centerfold to begin with -- about a year ago, and has parlayed it into a $2,500-a-month operation.
www.time.com /time/nation/printout/0,8816,10958,00.html   (282 words)

  
 Playboy v. Welles   (Site not responding. Last check: 2007-10-20)
Welles, it appears that PEI had no objection to her use of the terms Playmate of the Year or Playboy Playmate until she launched her competing
Welles has minimized her references to Playboy on her website and has not attempted to trick consumers into believing that they are viewing a Playboy -endorsed website.
However, it appears that PEI and Terri Welles are in competition for websurfers who pay money for on-line erotica, regardless of the underlying promotion.
www.bowie-jensen.com /links/welles.html   (3519 words)

  
 Former Playboy Model Wins Right to Use Keywords
In the Welles case, the meta tags at issue were "meta descriptors" and "meta keyword tags" -- both of which allow page authors to define the content of their page for the benefit of software robots used by search engines.
In response, Welles and her lawyers argued that the meta tags merely served to index the contents of the Welles site, which accurately noted that she was a former Playboy model.
Welles, a San Diego resident who is the mother of a teen-age daughter, said in a telephone interview that she was "thrilled" by the court's decision.
partners.nytimes.com /library/tech/99/12/cyber/cyberlaw/17law.html   (1287 words)

  
 Search Engine Lawsuits O'Plenty
Welles filed a countersuit against Playboy, claiming that Playboy had harmed her reputation, hindered her business and was liable to her for damages.
Welles' use of [Playboy's] trademarked terms in the metatags of her website is a fair use comports with the fact web users must utilize identifying words to find their intended site.
Welles' fame and recognition derive from her popularity as a Playboy model and Playmate of the Year.
searchenginewatch.com /showPage.html?page=2167671   (938 words)

  
 [No title]
 Welles' banner advertisements and headlines satisfy this element because they use only the trademarked words, not the font or symbols associated with the trademarks.
  For the foregoing reasons, we conclude that Welles' use of PEI's marks in her headlines and banner advertisements is a nominative use excepted from the law of trademark infringement.
Welles includes the terms "playboy" and "playmate" in her metatags.
www.law.pitt.edu /madison/cyberlaw/supplement/playboy_v_welles.htm   (2737 words)

  
 Salon 21st | Let's Get This Straight: Playboy and Playmate play a game of meta tag
This column is about a dispute between centerfold model Terri Welles and her former patrons at Playboy, who chose her as Playmate of the Year back in 1981 and are now suing her for using the words "Playboy" and "Playmate" on her own Web site at Terriwelles.com.
Welles isn't deceiving anyone -- unlike in a case last year, in which Playboy prevailed against a Hong Kong-based porn purveyor that had registered domains like "playboyxxx.com" and filled its pages' meta tags with multiple references to "Playboy" and its various permutations.
Her site's meta tag keyword list ("terri, welles, playmate, playboy, model, models, semi-nudity, naked, breast, breasts, tit, tits, nipple, nipples, ass, butt") pales next to most porn sites' meta tags, which typically -- in a practice known as "spamdexing" -- contain vast lexicons of synonyms for sex organs and acts in every possible permutation.
archive.salon.com /21st/rose/1998/05/01straight.html   (681 words)

  
 Playboy, Playmate Joust Over Meta Tags Before Ninth Circuit Panel
Welles counterclaimed, alleging she was defamed in a newspaper interview that quoted a Playboy lawyer as saying she had “hijacked” the company’s site.
Welles’ lawyer, David J. Noonan of San Diego, told the panel that Welles’ use of “Playboy” and “Playmate” was completely innocent.
Welles received a good deal of publicity in the 1980s, in part because of her success modeling for Playboy and in part due to her marriage to Charlie Simmer, then a high-scoring forward on the Los Angeles Kings hockey team.
www.metnews.com /articles/well0912.htm   (640 words)

  
 16, April 2002
The United States Court of Appeals for the Ninth Circuit has decided that former Playmate of the Year Terri Welles may continue to promote her web site by using the terms “Playboy”, “Playmate”, and “Playmate of the Year” over the objections of Playboy Enterprises, Inc., the publisher of Playboy magazine.
Terri Welles was chosen to be Playboy Playmate of the Year in 1981.
Hefner’s magazine as its number-one prototype woman for the year 1981.” Welles used only as much of the trademark as was reasonable, because she did not use the same font or any symbols associated with Playboy’s trademarks.
www.crowleylaw.com /IPNews/IP016.htm   (2361 words)

  
 Once a Playmate, Always A Playmate, Court Rules
Terri Welles, Playboy's Playmate of the Year for 1981, may continue to market herself on a Web site as Hugh Hefner's one-time top bunny, the court ruled.
The court reversed a lower court's decision and remanded for further proceedings on one issue: whether Welles' use of the letters 'PMOY' as a logo on her website -- Playboy's shorthand for Playmate of the Year - is a trademark violation.
Welles relationship with Playboy began in the late 1970s, when the United Airlines flight attendant attended a party at the Playboy mansion.
www.law.com /regionals/ca/stories/edt0204b.shtml   (543 words)

  
 Gara-
Selain itu, Terri melalui situsnya ini juga menerima pemasangan iklan khas bagi dewasa.
Keberadaan situs Terri Welles, mantan Playmates dari majalah seronok Playboy, serta sejumlah situs lain yang juga menjual aurat para playmates, tak urung menarik perhatian Hugh Hefner, pemilik majalah Playboy, yang merasa bahwa pihaknyalah yang telah membuat Terri, dan sejawat playmate lain, terkenal sampai seperti itu.
Rebecca Theim, jubir majalah Playboy menuduh terri, melalui situsnya, telah menjual berbagai hal yang bukan menjadi hak miliknya, bahkan boleh dikatakan sebagai hak milik majalah Playboy, untuk keuntungannya, tanpa
members.tripod.com /~tiponline/top051.htm   (835 words)

  
 Terri found Swiftly
Terri Schiavo, the brain-damaged Florida woman at the heart of a bitter legal dispute, has died...
The sister of Terri Schiavo offered a message of thanks to the lawyers, the doctors who volunteered to help, the supporters and even the media outside the hospice in Pinellas Park where the brain-damaged woman died around 9 a.m.
Suzanne Vitadamo, Terri Schiavo's sister, speaks on behalf of the family Thursday...
www.movefm.co.uk /moveinfo/terri.html   (256 words)

  
 WheelDeal/HomeworkNine - CCSU-CS110 Wiki
Terri Welles claims that she has always referred to herself since 1980 as a Playmate or Playmate of the Year with the knowledge of PEI.
Welles opened her own website which includes photographs of herself and others (both nude and clothed), a fan club posting board, an autobiography section, and a listing of current events and personal appearances.
I think the right decision was made as I believe Terri Welles should be allowed to use the title "Playmate of the Year" because she earned that recognition.
www.haskell.org /ccsu-cs110/WheelDeal_2fHomeworkNine   (310 words)

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