'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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.