A dispute between two charities that use the phrase “Cars for Kids” to solicit donations to fund children’s programs needs another look from the trial court, the Third Circuit ruled.
The U.S. District Court for the District of New Jersey didn’t apply the proper test when ordering Kars 4 Kids Inc. to disgorge $10.6 million for infringing America Can!'s trademark, the U.S. Court of Appeals for the Third Circuit said.
The Third Circuit also found the trial court failed to consider evidence that America Can waited too long to sue for infringement.
America Can began receiving donations in the ...