Walmart Beats $95M 'Backyard' TM Verdict At 4th Circ.

By Bill Donahue (March 29, 2021, 3:18 PM EDT) -- The Fourth Circuit on Monday overturned a $95 million trademark verdict against Walmart over its sale of "Backyard Grill" barbecue equipment, ruling that a lower judge had failed to instruct jurors on the definition of "willful" infringement.

The ruling was the second time in three years that the appeals court has tossed out a ruling against Walmart in the lawsuit, which claims the retail giant infringed a smaller chain's trademark rights to a similar "Backyard" brand.

A three-judge appellate panel ruled that a trial judge had botched the case by not instructing jurors on what exactly constitutes willful trademark infringement, which...

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