Eversheds Sutherland 11th Circuit Business Blog
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“European Wax Center” Trademark Dispute Clarifies “Confusingly Similar” Test Under the ACPA

A divided Eleventh Circuit panel affirmed a district court’s order granting summary judgment in favor of the defendant in a trademark dispute involving the Anti-Cybersquatting Consumer Protection Act (“ACPA”), Boigris v. EWC P&T, LLC, 2021 U.S. App. LEXIS 23399 (11th Cir. Aug. 6, 2021).  The case further clarifies the test for whether marks are “confusingly similar” under the ACPA,...

“Pinnacle” Trademark Dispute Offers Lessons in Trademark Trial Procedure

The court vacated a $550,000 jury verdict in a trademark dispute teeming with procedural issues, Pinnacle Advertising & Marketing Group, Inc. v. Pinnacle Advertising & Marketing Group, LLC, 2021 U.S. App. LEXIS 22770 (11th Cir. Aug. 2, 2021), but kept alive the possibility of injunctive relief for the plaintiff on remand.  The case is a primer on the intersection of judge...

A Sticky Situation: Epoxy Company Is Stuck With Evidence of Intent to Copy, and Evidence of Actual Confusion

The interplay between circumstantial evidence under the Lanham Act’s substantive law of trade dress infringement and the rules for summary judgment was at issue in J-B Weld Co. v. Gorilla Glue Co., 2020 WL 6144561 (11th Cir. Oct. 20, 2020).  In J-B Weld,all three judges agreed that the district court erred in entering summary judgment for the defendant.  In an opinion authored by...

Defendant Must Prove that Copied Portion of Copyrighted Work is Unprotectable

In Compulife Software Inc. v. Newman, 2020 WL 2549505 (11th Cir. May 20, 2020), the Eleventh Circuit clarified that a plaintiff, having established that the defendant copied part of a copyrighted work, need not prove that the copied portion was legally protectable; the defendant must prove that it was not.  The court also reviewed the elements of a trade-secret claim under Florida law....

Tax Service’s Registered Trademark’s Suggestiveness Presented Jury Question

In Engineered Tax Services, Inc. v. Scarpello Consulting, Inc., 2020 WL 2478863 (11th Cir. May 14, 2020), the Eleventh Circuit reversed and remanded the district court’s grant of summary judgment for Scarpello Consulting in a trademark dispute over the distinctiveness of the service mark “Engineered Tax Services,” citing previous rulings on substantive trademark law and its ...

Supreme Court Upholds Eleventh Circuit Copyright Decision on Legislative Materials

Shortly before the U.S. Supreme Court embarked on its six-day experiment hearing oral arguments by telephone, the Court affirmed the Eleventh Circuit’s judgment in Code Revision Commission v. Public.Resource.Org, Inc., 906 F.3d 1229 (11th Cir. 2018), aff’d sub nom. Georgia v. Public.Resource.Org, Inc., 140 S. Ct. 1498 (2020)—a copyright case that we previously covered here and here....

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