In a precedential opinion issued August 1, 2019, the Federal Circuit Court of Appeals affirmed a likelihood of confusion determination previously secured by WHIPgroup for client Hybrid Athletics, LLC against competitor Hylete LLC. The appeal, brought by Hylete, stemmed from a trial before the Trademark Trial and Appeal Board in which the Board refused registration of Hylete’s stylized “H” logo, finding it confusingly similar to Hybrid’s stylized “H” trademark.
In a last-ditch effort to overturn the Board’s findings, Hylete raised new arguments on appeal. However, the Federal Circuit agreed with WHIPgroup attorneys that Hylete waived these new arguments.
The Federal Circuit’s affirmance effectively ends the question of whether Hylete’s stylized “H” logo is infringing. Hybrid is simultaneously pursuing federal trademark infringement claims for damages and an injunction against Hylete and its founders in the District Court of Connecticut for use of the stylized “H” logo and the word mark HYLETE.
The Federal Circuit Panel comprised Judges Moore, Reyna, & Wallach. Hylete was represented by Pattric Rawlins and Dave Deonarine of Procopio, Cory, Hargreaves & Savitch LLP, San Diego, CA. A copy of the precedential opinion and a recording of the oral argument are linked below and can be found on the Federal Circuit’s website.
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