Partner Julia Anne Matheson was recently quoted in article discussing the $95 million trademark infringement verdict against Walmart, Inc. The current issue is whether or not if Walmart infringed Variety Store Inc.'s "The Backyard" trademark". The re-do of the case is a result of the jury not being properly informed of the meaning of willfulness.
Matheson is quoted about the damages award to be "extraordinary high" for trademark cases. "The award was a particular standout where, as here, the marks in question – BACKYARD, BACKYARD GRILL, BACKYARD BBQ– were so obviously weak and highly descriptive and thus so much less likely to be a true driver in consumer decision making."
Read more on the Walmart trademark do-over.
