Print PDF

Defendant, a former employee of plaintiff School of Visual Arts (“SVA”), placed two false job listings on “” stating that SVA was seeking a Director of Human Resources, a position that was already held by plaintiff Pearlberg.  Defendant also sent an e-mail to SVA’s human-resources department with a similar job listing that was created to look like a legitimate listing on the “” job site.  And defendant also provided Pearlberg’s e-mail address to various pornographic websites causing her to receive numerous sexually explicit e-mails.  Plaintiffs sued defendant for numerous claims, including trademark dilution claiming that the false job postings created a negative perception of SVA.  Defendant moved to dismiss all claims for failure to state a cause of action.  The court granted defendant’s motion regarding SVA’s dilution claim because defendant’s conduct was non-commercial.  Indeed, SVA  failed to even allege any commercial uses of its mark or that defendant’s use of the mark in any way affected SVA’s business.