United States Third Circuit

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Covertech Fabricating Inc v. TVM Building Products Inc., 15-3893

In a trademark dispute in which no written contract designates ownership, involving the paradigm through which common law ownership of an unregistered trademark is determined when the initial sale of goods bearing the mark is between a manufacturer and its exclusive distributor, the district court's judgment is: 1) affirmed on alternative grounds as to ownership, where the court failed to recognize and apply the rebuttable presumption of manufacturer ownership that pertains where priority of ownership is not otherwise established; 2) affirmed as to fraud and acquiescence; and 3) vacated and remanded on damages under the Lanham Act, where the court incorrectly relied on gross sales unadjusted to reflect sales of infringing products to calculate damages.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/18

Judges

  • KRAUSE

Court

  • United States Third Circuit

Counsel


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