The real tragedy here is that the cologne is terrible. A product that makes you smell like musky leather is not worth losing any friends over, especially ones you've had for 100 years. AND THAT'S A FRIDAY FACT!
I say no dilution - the Lanham Act indicates that there is trademark infringement or dilution if "...the alleged infringer's use of the mark is likely to cause confusion, or to cause mistake, or to deceive consumers..."
Even if the clothing company can say that "Pendleton" is a famous mark that could be applied to a fragrance, the "Round-Up" on the label eliminates the likelihood of confusion.
Here's another fun Friday Fact. George H. Pendleton, for whom the Oregon city was named, was George McClellan's running mate in the 1864 presidential election against Abraham Lincoln and Andrew Johnson.
In other words, this loser couldn't even get elected vice-president (yes, I'm smirking at *you,* Sarah Palin!), and wasn't smart enough to know that two guys named George shouldn't run together. Why anyone would want to wear a scent named after the guy is beyond me. But then a lot of things are beyond me.
Even if the clothing company can say that "Pendleton" is a famous mark that could be applied to a fragrance, the "Round-Up" on the label eliminates the likelihood of confusion.
In other words, this loser couldn't even get elected vice-president (yes, I'm smirking at *you,* Sarah Palin!), and wasn't smart enough to know that two guys named George shouldn't run together. Why anyone would want to wear a scent named after the guy is beyond me. But then a lot of things are beyond me.