Court: Sixth Circuit

A recent dispute between two competing children’s clothing companies has shed light on how similar trademarks must be for infringement claims to proceed.

02 November 2023

In analysing a profits award, the Sixth Circuit held that several key factors should be considered, such as the defendant’s intent to deceive, whether sales were diverted and palming off, among many others. In light of such criteria, it upheld the district court’s award of profits, costs and attorneys’ fees.

31 August 2023

The Sixth Circuit reversed and remanded the district court’s grant of summary judgment, finding that the existence of alternative designs was relevant to the functionality determination.

09 June 2023