'Willful Blindness' Test Not For Trademarks, 11th Circ. Says

Law360, New York (September 20, 2012, 7:04 PM EDT) -- The "willful blindness" test used to test patent infringement may not be drawn upon to assess trademark disputes, the Eleventh Circuit said recently, reversing the cancellation of a religious order's marks that a trial court found were properly controlled by a different sect.

The appellate court on Sept. 11 reversed a Florida federal court's ruling that Sovereign Military Hospitaller Order of St. John of Jerusalem of Rhode and of Malta could not assert its service marks against a similarly derived religious order — the Florida Priory...
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