9th Circ. Orders New Trial In Dan Aykroyd Vodka Co. TM Suit

By Y. Peter Kang (February 22, 2016, 5:37 PM EST) -- The Ninth Circuit on Friday revived a trademark infringement suit brought by the maker of actor Dan Aykroyd's Crystal Head Vodka, saying Elements Spirits Inc., which makes a similar skull-shaped tequila bottle, gave an improper closing argument that warranted a new trial.

A three-judge Ninth Circuit panel held that the district judge erred by denying Globefill Inc.'s motion for a new trial, agreeing with Globefill's assertion that Elements had improperly referenced similar legal proceedings in Mexico during its closing statements in the 2013 jury trial, which ended with a verdict in favor of Elements.

"As the district court recognized, Elements' discussion...

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