No Jury For TM Claims Over Disgorged Profits, Says 11th Circ.

Publisher: Day Pitney Press Release

April 24, 2019

Day Pitney successfully defended firm client Anastasia Beverly Hills, a manufacturer of high-end cosmetics in a federal trademark infringement case. In a precedential decision, the U.S. Eleventh Circuit Court of Appeals ruled that plaintiff, cosmetic maker Hard Candy, was not entitled to a jury trial on a trademark claim that sought only Anastasia's profits on the sale of a competing product. The court additionally affirmed the trial court's finding that Anastasia's use of the phase "Hard Candy" as the name of a shade of makeup was not trademark infringement. Miami partner Mark Romance, who joined the firm through our merger with Richman Greer, handled the matter. The decision affirms a verdict from a non-jury trial in February 2018, argued by Romance and West Palm Beach associate Nathaniel Edenfield, who worked alongside co-counsel from Pirkey Barber PLLC.

The appeal was covered by Law360 in "No Jury For TM Claims Over Disgorged Profits, Says 11th Circ."

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