“Can Argentina-based Cool Brands Supply S.A., a well-known brand among skateboarders, prevail in its recently filed trademark infringement lawsuit against LIV Golf and Hy Flyers GC (one of LIV Golf’s 12 teams, captained by Phil Mickelson)?”
So asks Harness IP partner Joe Walsh in an informative look at a high-stakes trademark dispute among international sporting goods brands.
The article, published recently in Law360, analyzes a recent suit filed in the U.S. District Court for the District of New Jersey, overseen by the U.S. Court of Appeals for the Third Circuit. In the suit, Cool Brands alleges that LIV Golf and Hy Flyers have impinged on a logo it owns for its Fallen line of apparel. LIV counters that the logo marks are not similar enough to confuse consumers.
Walsh’s detailed analysis of the case includes a breakdown of the key points the Third Circuit is likely to consider. “At least legally, the answer to this question will be decided based on an application of 10 factors identified by the Third Circuit in the trademark infringement matter of Interpace Corp. v. Lapp,” he writes.
Walsh offers readers his take on the arguments likely to be presented by both sides, with noted mention of recent news surrounding the formation of LIV Golf and the apparent strength of the plaintiff’s complaint in this seemingly David versus Goliath matter.
Based in the firm’s St. Louis Metro office, Walsh negotiates and drafts a full array of IP agreements including sophisticated research, joint-development, technology-transfer, and licensing agreements. He delivers legal and business solutions to complex patent, trademark, copyright, trade secret, and related litigation and licensing matters.