Ohio State’s Trademark Claims Against Redbubble Reinstated

Redbubble Inc. will face reinstated trademark infringement claims by Ohio State University after the Sixth Circuit Thursday found the company could be liable for items created and sold on its website bearing the university’s marks if it exercised sufficient control over the creation, manufacture, or sale of the goods.

The trial court was wrong to dismiss the Lanham Act claims after finding that Redbubble didn’t use OSU’s trademarked images because it only acted as a “transactional intermediary” between buyers and sellers, the U.S. Court of Appeals for the Sixth Circuit said.

Because Redbubble’s marketplace involves creating products and garments that ...