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Trademark Ruling Leaves Plenty Unclear

May 29, 2018

​Fenwick trademark litigation partner Eric Ball was quoted in a Law360 story titled “Adidas v. Skechers Trademark Ruling Leaves Plenty Unclear.”

The Ninth Circuit ruled in Adidas’ infringement lawsuit against Skechers, affirming a prior preliminary injunction against a Skechers line called the “Onix,” but overturning the ban on another Skechers line.

This decision addresses how to show irreparable harm in trademark cases, and in particular how customer surveys were influential in the decision regarding the “Onix” line.

“The decision reinforces the importance of survey evidence to establish irreparable harm,” Ball told Law360. “Surveys help to show confusion, how consumers view your brand, and how consumers view the defendant’s brand. Each of these are relevant to irreparable harm.”

If a plaintiff does not have actual confusion evidence, they should consider a survey to show how they may be irreparably harmed, Ball noted.

Read the full article on Law360 ​(subscription required).

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