⏳ In 1998, the estate for Elvis Presley under Elvis Presley Enterprises, Inc. (EPE) sued a night club in Houston for trademark dilution. EPE has at least registered 17 other trademark under “Elvis Presley” and alike in the US but none of those marks were registered in the use of restaurant or tavern services.
📄 “The Velvet Elvis” was then filed by Barry Capece for the use of restaurant and tavern services. During the trial, the court held that Capece’s act amount to trademark dilution and had infringed EPE’s trademark as it was found out that Capece’s bar had used the images and likeness of Elvis Presley when promoting and advertising his bar. The court held that the act would create confusion as to whether EPE licensed or endorsed “The Velvet Elvis” nightclub and thus an injunction was granted to EPE.
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