Norm Thompson Outfitters, Inc., an Oregon Corporation v. General Motors Corporation, a Delaware Corporation

Norm Thompson Outfitters, Inc., an Oregon Corporation, sued General Motors Corporation, a Delaware corporation, for an injunction and damages charging unfair competition arising from the use by General Motors of the slogan “Escape From The Ordinary” in promoting sales of Oldsmobile automobiles. The District Court found that under the common law of Oregon (this being a case of diversity) the slogan is not a valid trademark and there was no unfair competition. ( 300 F.Supp. 274 (D.Or.1969)) Norm Thompson appeals from the adverse judgment. We affirm.

About 1958, appellant began using the slogan “Escape From The Ordinary” in advertising goods such as clothing, sports equipment and articles for smokers, which it sold mainly by mail order throughout the United States. Between 1958 and 1968, it made sales totaling about ten million dollars and expended about two million dollars in advertising, in many instances using the slogan “Escape From The Ordinary.”

Commencing about 1954, General Motors had been using such slogans as “Get Out Of The Ordinary”, “Rocket Out Of The Ordinary”, and “Time To Get Out Of The Ordinary”, in connection with its sales of Oldsmobiles. In 1968, it began to use…