Brandy Melville Denied Court’s Look at Redbubble Trademark Case

Clothing company Brandy Melville couldn’t convince the US Supreme Court to consider reviving a jury’s contributory trademark verdict against online print-on-demand marketplace Redbubble Inc.

A California federal judge upheld a jury finding that Redbubble infringed marks owned by Swiss company Y.Y.G.M. SA, which operates as Brandy Melville. But a US Court of Appeals for the Ninth Circuit panel found the wrong standard for contributory infringement and counterfeiting was applied to Redbubble’s post-trial motion for judgment as a matter of law. The Ninth Circuit also faulted the analysis that led to the district court denying Brandy Melville a permanent injunction.

The ...