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Courts Rule in Favor of Credit Card Giant; “eVisa” is Trademark Infringement

A 9-year-old trademark lawsuit has been resolved. Courts have recently ruled in the favor of Visa, the world's largest credit card network, over Brooklyn man Joseph Orr in the "eVisa" case. Federal appeals courts have ruled that the name "eVisa" for an Internet business dilutes the trademark of Visa Inc., as such, its use is impermissible.

Joseph Orr ran the small Internet business out of his apartment in Brooklyn, New York. The name, he said, was a shortened version of "Ekaiwa Visa," his English-language tutoring service operated in Japan.

"Ekaiwa" is a Japanese word meaning "English conversation." It was Orr's argument that eVisa was intended to convey an ability to travel the English-speaking world.

The 3 judge panel of the U.S. Ninth Circuit Court of Appeals in San Francisco did not agree with Orr's argument. As stated by Chief Judge Alex Kozinski, Visa's trademark is not weakened by the common use of "visa" as a part of the English language. However, by posting an eVisa mark beside an image of a passport-like booklet on his website, Orr had diluted the meaning of "Visa."

Kozinski went on to say, "the introduction of the eVisa mark to the marketplace means that there are now two products, and not just one, competing for association with that word. This is the quintessential harm addressed by anti-dilution law."

If you are concerned about trademark infringement or dilution, it may be in your best interest to contact a New York business lawyer with experience in matters of international trademark protection. Offering expert help in New York, New Jersey and nationwide, business and franchise attorney Charles N. Internicola is ready to answer your questions about franchise, national and international trademarks, and any critical business matters that may arise. Contact us today - 1-800-976-4904.