Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports, S.L.U.

Selected cases
Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports, S.L.U.

797 F.3d 1363 (Fed. Cir. 2015), cert. denied, 136 S.Ct. 982 (2016)

On behalf of our client Jack Wolfskin Ausrustung Fur Draussen GmbH, we obtained a reversal of a decision of the Trademark Trial and Appeal Board ("TTAB") at the U.S. Court of Appeals for the Federal Circuit. The TTAB had found that our client's application was likely to cause confusion with the appellee's registered mark, but the Federal Circuit held that the TTAB erred by improperly dissecting the appellee’s mark and by giving insufficient weight to voluminous evidence of third party use we submitted supporting our client's position. Following the decision, New Millennium filed a petition for certiorari in the U.S. Supreme Court. On behalf of Jack Wolfskin, we filed a brief opposing the petition. On January 25, 2016, the Supreme Court denied the petition and declined to hear the case, letting the Federal Circuit decision stand.