11th Circ. Remands 'Bad Boy' Branding Battle

Law360, Miami (March 11, 2014, 7:50 PM EDT) -- The Eleventh Circuit on Monday ruled that a trial court could award relief for infringement of the “Bad Boy” clothing trademark even if a jury had not awarded damages when it found that the mark had been infringed.

The appeals court reversed a lower court decision and remanded it, saying that the trial court could use its discretion to award declaratory and equitable relief to Platypus Wear Inc., which holds the Bad Boy mark, for infringement by Brazilian energy drink company Horizonte Ltda.

The district court...
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