United States Second Circuit

Judgment dismissing plaintiffs' complaint alleging defendants infringed plaintiffs' trademark on the phrase"Own Your Power", is: 1) vacated and remanded, as to the district court's holdings that defendants have demonstrated fair use and that plaintiffs are required to make a threshold showing that defendants used "Own Your Power" as a mark in order to state a claim for trademark infringement; but 2) affirmed, as to the dismissal of plaintiffs' counterfeiting, vicarious infringement, and contributory infringement claims.

Appellate Information

• Decided 05/31/2013
• Published 05/31/2013

Judges

• STRAUB

Court

• United States Second Circuit

Counsel