9th Circuit: Misconduct During Closing Requires New Trademark Trial

(February 22, 2016, 10:52 AM EST) -- SAN FRANCISCO — Although a California federal judge did not err in denying a plaintiff judgment as a matter of law (JMOL) on the merits of its trademark infringement claims, she did abuse her discretion in denying the plaintiff a new trial based upon misrepresentations made by defense counsel during closing statements, the Ninth Circuit U.S. Court of Appeals concluded Feb. 19 (Globefill Inc. v. Elements Spirits Inc. and Kim Brandi, Nos. 14-55456 & 14-55577, 9th Cir.; 2016 U.S. App. LEXIS 2986).

(Decision available. Document #16-160307-002Z.)...
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