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Sportswear, Inc., dba Prep Sportswear v. Savannah College of Art and Design, Inc.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-11258 · judgment December 22, 2020
Before the decision, about 3.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and an Eleventh Circuit decision below, and down for a business respondent.
Questions presented
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Does the scope of a federally-registered service mark extend to unrelated goods bearing that service mark?
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Does the defendant’s copying of a mark, without proof of consumer confusion as to the source of the parties’ goods or services, establish trademark infringement merely because consumers recognize the mark?
Counsel of record
For petitioner
Adam G. Unikowsky
Jenner & Block LLP
For respondent
Gregory George Garre
Latham & Watkins LLP
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 04 2021Petition DENIED.
- Jul 28 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 27 2021Reply of petitioner Sportswear, Inc., d/b/a Prep Sportswear filed. (Distributed)
- Jul 12 2021Brief of respondent Savannah College of Art and Design, Inc. in opposition filed.
- Jun 01 2021Motion to extend the time to file a response is granted and the time is extended to and including July 12, 2021.
- May 28 2021Motion to extend the time to file a response from June 11, 2021 to July 12, 2021, submitted to The Clerk.
- May 12 2021Response Requested. (Due June 11, 2021)
- May 11 2021DISTRIBUTED for Conference of 5/27/2021.
- May 04 2021Waiver of right of respondent Savannah College of Art and Design, Inc. to respond filed.
- Mar 31 2021Petition for a writ of certiorari filed. (Response due May 5, 2021)