Top of the Ninth
Apr. 1, 2015
The Great Infringer
A ruling on infringment by an R&B "tribute group" undermines traditional trademark protections.
The trademark claim by the owner of the Active mark must be one of the best examples yet of a pyrrhic victory. In 2012 Active Sports Lifestyle USA, the Rancho Cucamonga seller of skateboards and sportswear, accused Old Navy, a much larger competitor, of infringement by marketing a line of "Active by Old Navy" sportswear. A year later the case went to trial before U.S. District Judge James V. Selna in Los Angeles. The jury found Old Navy liable for infrin...
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