By Bill Donahue (September 14, 2021, 2:22 PM EDT) -- The Second Circuit ruled Tuesday tha...

2nd Circ. Says Restored Antique Watches Didn’t Infringe TMs – Law360

By Bill Donahue (September 14, 2021, 2:22 PM EDT) -- The Second Circuit ruled Tuesday that a watchmaker did not violate trademark law by selling products that featured refurbished antique elements emblazoned with another company's branding.Rejecting a lawsuit filed by Hamilton International Ltd. against Vortic LLC, the appeals court affirmed a trial judge who ruled that Vortic had fully informed consumers that they were not buying a Hamilton watch."A common theme emerged from the bench trial: Hamilton — which bore the burden of establishing confusion — failed to come forward with any reliable evidence showing that consumers were likely to …

 

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