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Trademark Spat Between Former Bandmates Revived by Third Circuit

Sept. 17, 2021, 7:54 PM

Prior challenges at an administrative tribunal shouldn’t bar David Beasley from suing his former bandmate for infringing the trademark on the band’s name, “The Ebonys,” the Third Circuit ruled.

Beasley filed two unsuccessful petitions with the Trademark Trial and Appeal Board challenging William Howard’s registration of the mark before suing in federal court for damages. The trial court dismissed his suit as precluded.

The U.S. Court of Appeals for the Third Circuit revived the suit in a precedential opinion Friday. The TTAB could never have granted Beasley the remedy he now seeks, so he isn’t barred from suing for damages ...

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