Defendant S.C. Johnson & Son, Inc., sells air fresheners under the trademark name "Glade." Johnson's "Glade" products include a line of air fresheners called "Plug-Ins," designed to be plugged into electrical outlets. Glade Plug-Ins have a plastic casing that holds a replaceable fragrance cartridge of scented gel. When the unit is plugged in, the electrical current warms the gel, causing release of the fragrance into the air. During the Christmas holiday season, Johnson sells a pine-tree-shaped, plug-in air freshener called "Holiday Pine Potpourri" under its Glade Plug-Ins trademark.
Car-Freshner brought this action against Johnson, claiming that Johnson's sale of its pine-tree-shaped plug-in freshener violates Car-Freshner's trademark rights in the pine-tree shape of its air fresheners and in its mark "Little Tree." Plaintiff claims: (1) trademark infringement under 15 U.S.C. § 1114(1); (2) false designation of origin, in violation of 15 U.S.C. § 1125(a); (3) common law trademark infringement and unfair competition; and (4) trademark dilution under N.Y.Gen.Bus.Law § 368-d. Johnson, in addition to denying that its use of a pine-tree shape creates a likelihood of confusion, asserted the affirmative defense known in trademark law as fair use.
http://whatgetsmehot.posterous.com/christmas-tree-car-freshner-corp-v-sc-johnson Defendant S.C. Johnson & Son, Inc., sells air fresheners under the trademark name "Glade." Johnson's "Glade" products include a line of air fresheners called "Plug-Ins," designed to be plugged into electrical outlets. Glade Plug-Ins have a plastic casing that holds a replaceable fragrance cartridge ... Dogmeat