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Y.Y.G.M. SA, dba Brandy Melville v. Redbubble, Inc.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-56150, 21-56236 · judgment July 24, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before, and down for a business respondent.

Question presented

Whether the Ninth Circuit erred by holding, in direct conflict with the Second and Tenth Circuits, that a defendant may be held liable for contributory trademark infringement only insofar as it knows or has reason to know of, and fails to stop assisting, “specific instances of infringement or specific infringers,” App. 9-10a (emphasis added), even where the defendant otherwise knows or has reason to know that it is assisting trademark infringement and fails to take reasonable steps to stop providing such assistance.

Counsel of record

For petitioner
Christopher Landau
Ellis George Cipollone O'Brien LLP

For respondent
James Reid Sigel
Morrison & Foerster, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 17 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Jan 12 2024
    Waiver of right of respondent Redbubble, Inc. to respond filed.
  4. Jan 09 2024
    Petition for a writ of certiorari filed. (Response due February 12, 2024)