World Wrestling Entertainment suffered an unexpected smack-down in April, when a federal judge in New Orleans refused to “deputize” the company to seize counterfeit merchandise from unidentified bootleggers outside its live events. WWE’s lawyers at K&L Gates pulled off a reversal on Tuesday, persuading the U.S. Court of Appeals for the Fifth Circuit that the judge’s squeamishness was mostly misplaced.
In a brief ruling, the Fifth Circuit panel concluded that WWE’s failure to name the alleged counterfeiters wasn’t a valid reason to deny the company’s bid for ex parte seizure and restraining orders under the Trademark Counterfeiting Act. WWE doesn’t license third party retailers to sell its merchandise, the appeals court noted, so there’s no risk that the company’s efforts to target bootleggers would miss their mark.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
