Eleventh Circuit Finds Reproduction an Insincere Form of Flattery
In October 2017, the Eleventh Circuit Court of Appeals reversed a district court’s grant of summary judgement, finding that a college has potentially protectable rights that extend beyond the scope of its federal service mark registrations. Savannah College of Art & Design, Inc. v. Sportswear, Inc., No. 15-13830 (11th Cir. Oct. 3, 2017). The Eleventh Circuit found that the lower court applied the wrong precedent in granting the defendant’s motion for summary judgement against Lanham Act claims arising from the reproduction of the college’s federally registered service marks on athletic clothing.
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