Second Circuit Clarifies Significance of Trade Channels in Trademark Infringement Litigation

December 5, 2018

Jessica Vosgerchian

Jessica Vosgerchian wrote an article titled “Second Circuit Clarifies Significance of Trade Channels in Trademark Infringement Litigation” published in Bright IdeasThe Second Circuit was wise to reverse the lower court's misinterpretation of established principles relating to the significance of different trade channels in trademark law. The shifting nature of retail marketing practices cautions against delineating trademark rights first and foremost on distinctions between the types of stores selling the goods at issue, as the district court in the case did.