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9th Circ. Upholds Tire Co.'s Nearly $1M Win In TM Fight

Law360 (July 25, 2018, 6:37 PM EDT) -- The Ninth Circuit on Tuesday affirmed the trial win of tire maker OTR against competitor West Worldwide on Lanham Act claims, blessing a jury's finding that it passed off actual OTR tires used in Genie lifts as West's own and awarding OTR $967,000 in damages.

The Lanham Act win might not have been appropriate, the appeals court suggested, if West had copied merely the design of the OTR Outrigger 355 tire. Genie Industries, which was a major client of OTR's, uses the tire in lifts and cherry-pickers.

But instead, West had reached out to OTR supplier Camoplast Solideal's own supplier, Shandong Hawk...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Appellate - 9th Circuit

Nature of Suit

3840 Trademark

Date Filed

November 1, 2016


Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Appellate - 9th Circuit

Nature of Suit

3840 Trademark

Date Filed

November 9, 2016

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