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School of Visual Arts v. Kuprewicz, 3 Misc. 3d 278, 771 N.Y.S.2d 804 (N.Y. Sup. Ct. 2003) (full-text).
Factual Background Edit
Defendant, a former employee of plaintiff School of Visual Arts (“SVA”), placed two false job listings on “craigslist.com” stating that SVA was seeking a Director of Human Resources, a position that was already held by plaintiff Pearlberg. Defendant also sent an e-mail to SVA’s human-resources department with a similar job listing that was created to look like a legitimate listing on the “monster.com” job site. And defendant also provided Pearlberg’s e-mail address to various pornographic websites causing her to receive numerous sexually explicit e-mails.
Trial Court Proceedings Edit
Plaintiffs sued defendant for numerous claims, including trademark dilution claiming that the false job postings created a negative perception of SVA. Defendant moved to dismiss all claims for failure to state a cause of action. The court granted defendant’s motion regarding SVA’s dilution claim because defendant’s conduct was non-commercial. Indeed, SVA failed to even allege any commercial uses of its mark or that defendant’s use of the mark in any way affected SVA’s business.
This page uses content from Finnegan’s Internet Trademark Case Summaries. This entry is available under the Creative Commons Attribution-Share Alike License 3.0 (Unported) (CC-BY-SA).