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Playboy Enterprises: Playboy Playmate
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AGOURA HILLS, Calif. - January, 2008 - THQ Wireless Inc., a subsidiary of THQ Inc. (NASDAQ: THQI), today announced that it has signed a worldwide agreement with Playboy Enterprises, Inc. (NYSE: PLA, PLAA) to exclusively develop Playboy-branded mobile games. The multi-year Playboy agreement covers the development and publishing rights to multiple Playboy-branded, lifestyle themed, non-nude mobile games featuring bikini-clad Playmates to be released worldwide. The first title, Playboy Games: Pool Party, is scheduled to launch in summer 2008.
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Throughout the 1960s, Hefner carefully created his own Playboy myth. He purchased a huge Victorian estate in the heart of the most fashionable Gold Coast area on Chicago's near North Side, and proceeded to decorate it with a combination of Renaissance and contemporary furnishings. Hefner lived in a room off the great hall, complete with a $5 million circular bed, while bunnies and former playmates of the month occupied other rooms on the upper two floors of the mansion. The swimming pool in the backyard was decorated with the trappings of a Roman temple; so many late night parties were held there that neighbors began to file complaints. In fact, the Friday Night Party at the Playboy Mansion, as Hefner dubbed it, was part of what fostered the man's growing legend. Hefner was the master of ceremonies that included swimming, drinking, eating, dancing, and, of course, lots of voyeurism.
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In the case of Playboy Playmates, PEI encourages these select models to use their titles for their self-promotion and the promotion of its magazine and assorted goods and services. In the case of Ms. Welles, it appears that PEI had no objections to her use of the terms Playmate of the Year or Playboy Playmate until she launched her competing website.3 In oral argument, PEI conceded that these models may use their title for their own benefit, as in the title of an autobiography. PEI ... admitted that Ms. 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. 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.
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The bold and brash new publication sold 55,000 copies at 50 cents apiece, and Hefner was on his way to establishing the Playboy empire. By the publication of the fourth issue, Hefner had made enough money to rent an office in downtown Chicago and begin hiring a staff. Still, he retained firm control of all aspects of the magazine's publication. Unknown to most people... was the initial difficulty Hefner had in convincing women to strip for his cameras. In fact, at one point Hefner was unable to find any women who wanted to pose nude for his magazine. When an attractive female subscription manager at the magazine came to ask him for an addressograph machine, Hefner responded that she could have her machine if she would pose as the Playmate of the Month.
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Defendant Terri Welles is a self-employed model and spokesperson, who began her modeling career with Playboy magazine in 1980. In May of 1980, Ms. Welles appeared on the cover of Playboy magazine and was subsequently featured as the Playmate of the Month in the December 1980 issue. Ms. Welles received the Playmate of the Year award in June of 1981. Since 1980 Ms. Welles has appeared in no less than thirteen (13) issues of Playboy magazine and eighteen (18) newsstand specials published by PEI. Defendant claims that she has always referred to herself since 1980 as a Playmate or Playmate of the Year with the knowledge of PEI.
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An appeals court says it's not practical to expect a former Playboy Playmate to use lengthy phrases instead of "playmate" in metatags, the keywords used to index Web sites. The Net http://www.news.com/Playboy-loses-trademark-tiff/2100-1023_3-829787.html?part=rss&subj=news
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