January, 9th, 2019

WHIPgroup partner Michael J. Kosma argued an appeal on behalf of Connecticut-based Hybrid Athletics before the Federal Circuit on Monday, January 7. The appeal, brought by Hylete LLC, 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 Athletics’ stylized “H” trademark. Hybrid is simultaneously pursuing federal trademark infringement claims against Hylete and its founders concerning the same marks in the District Court of Connecticut. WHIPgroup associate Benjamin N. Luehrs assisted Mr. Kosma with the appeal and also represents Hybrid in the District Court case.

The Federal Circuit Panel comprised Judges Moore, Reyna, & Wallach. A recording of the argument is linked below and can be found on the Federal Circuit’s website.

Hybrid Athletics v. Hylete

http://oralarguments.cafc.uscourts.gov/default.aspx?fl=2017-2057.mp3

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