Wal-Mart Prevails; Award Vacated In Dispute Over ‘Backyard’ Trademark

Mealey's (April 25, 2018, 11:26 AM EDT) -- RICHMOND, Va. — A North Carolina federal judge’s summary judgment that Walmart Stores Inc. infringed Variety Stores Inc.’s “The Backyard” trademark was premised on an erroneous finding of likely confusion, the Fourth Circuit U.S. Court of Appeals ruled April 24, vacating a subsequent $32.5 million award of disgorged profits (Variety Stores Inc. v. Walmart Stores Inc., No. 17-1503 and 17-1644, 4th Cir., 2018 U.S. App. LEXIS 10317)....