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De Novo Or Abuse Of Discretion? Trademarks, The Unclean Hands Defense, And Summary Judgment Review | Weintraub Tobin jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
That’s So Metal: Ninth Circuit Confirms Standard of Review for Finding Unclean Hands on Summary Judgment Thursday, March 4, 2021 In a trademark infringement dispute over the brand name “METAL,” the US Court of Appeals for the Ninth Circuit resolved an issue of first impression in holding that when reviewing a grant of summary judgment on an unclean hands defense in a trademark infringement case, the correct standard of review is abuse of discretion. Metal Jeans, Inc. v. Metal Sport, Inc., et al., Case No. 19-55923 (9th Cir. Feb. 16, 2021) (VanDyke, J.) (Wardlaw, J., concurring). Metal Jeans, an apparel brand claiming ownership of the trademark METAL, brought an infringement claim against Metal Sport, a powerlifting brand with a similar stylized mark that was also used on certain apparel items. In the district court, both parties sought summary judgment on the issue of likelihood of consumer confusion with respect to Metal Sport’s use of the META ....
That's So Metal: Ninth Circuit Confirms Standard of Review for Finding Unclean Hands on Summary Judgment | McDermott Will & Emery jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
Panel: Judges Rawlinson, Murguia and R. Nelson, with Judge R. Nelson writing the opinion. Key Highlight: “The Connells concede that the statute immunizes a supplier who supplies a component part, such as a screw or stem. That is the case here. The level of processing, testing, advertising, and assembly needed to produce Lima’s component part is irrelevant. Lima supplied a component part the Hip Stem and did not supply the other required shell, liner, and femoral head component parts. It matters not that Lima’s component part itself comprised three divisible pieces (the femoral neck, stem, and attachment screw). Whether Lima provided one or three component parts, Lima’s Hip Stem could not function alone and was not intended to be implanted alone. It was not an entire hip implant.” ....