Let’s suppose you’re a non-profit like the NRA, you sell stuff on your NRAstore.com, and you’d like to promote the fact that your website has over 30 product demonstration videos available that can easily be viewed online by potential consumers before they buy stuff from you.
Let’s also suppose that when you sell stuff, 100% of your profits go directly toward supporting your non-profit mission and its vital programs. Impressive numbers, that’s really good stuff.
To encourage the sale of stuff on your website, you might be tempted to promote the existence of the product demonstration videos by calling them “flix,” or you might even refer to the video library as your “NRA FLIX,” but would you create an email promotion that looks anything like this?
Upon further reflection, might you expect to hear from the good folks at Netflix, the owner of a federally-registered trademark looking like this?
What do you think, is there a plausible case of likelihood of confusion? Is Netflix a famous mark for dilution purposes? If so, is there a likelihood of dilution? Would you surrender?