2nd Circ. Says Macy's Didn't Infringe UK Retailer's TM

By Dave Simpson (June 21, 2017, 10:14 PM EDT) -- A Second Circuit panel agreed with a lower court Wednesday that Macy's "Maison Jules" clothing line doesn't infringe the trademark of U.K.-based clothing line Joules, saying the circuit's eight-part trademark-confusion test weighed in the U.S. retailer's favor.

In weighing the likelihood of trademark confusion under a test from the circuit's 1961 Polaroid Corp. decision, the panel disagreed with the lower court's conclusion that Macy's Merchandising Group Inc. and Joules Ltd. didn't compete in close market proximity. But the court agreed with U.S. District Judge Kimba M. Wood's ultimate conclusion that taking all Polaroid test factors into account, there was no likelihood...

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