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United States Ninth Circuit

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OTR Wheel Engineering, Inc. v. West Worldwide Services, Inc., 16-35897

Affirmed a judgment of liability under the Lanham Act for reverse passing off. At trial, a jury found that a manufacturer of industrial tires had arranged to obtain a competing manufacturer's tires with the labels removed and used the tires to solicit business from one of the competitor's customers. The Ninth Circuit affirmed a judgment that these actions violated the Lanham Act, which prohibits conduct that would confuse consumers as to the origin, sponsorship, or approval of goods or services. The panel's opinion also addressed other issues including trade dress validity.

Appellate Information

  • Decided
  • Published 2018/07/24


  • Clifton


  • United States Ninth Circuit


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