The owner of the “Velocity” trademark for women’s activewear is entitled to a $1.8 million award because of retailer New York & Co.'s willful infringement, the Second Circuit affirmed Aug. 8.
Evidence of actual confusion between the NY&C and 4 Pillar Dynasty LLC brands isn’t required to find willfulness, the U.S. Court of Appeals for the Second Circuit said. It remanded for a recalculation of the amount of attorneys’ fees owed 4 Pillar Dynasty, however, noting it has adopted a new standard for such awards.
4 Pillar Dynasty LLC owns the “Velocity” trademark registration covering women’s yoga clothing and activewear....
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