• The Seventh Circuit Upholds Finding that EVA'S BRIDAL Mark has been Abandoned through Naked Licensing between Family Members
  • May 31, 2011 | Author: Phillip Barengolts
  • Law Firm: Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP - Chicago Office
  • Following the district court's decision for defendant on summary judgment (see our prior post for the facts: Trademark Owners Must Exercise Sufficient Control over the Quality of Licensed Merchandise or Risk Losing Rights in Their Valuable Brands), the plaintiff, the owners of the original EVA'S BRIDAL, appealed. Speaking on behalf of the Seventh Circuit, Judge Easterbrook found nothing wrong with the district court's decision - affirming that the EVA'S BRIDAL mark has been abandoned through naked licensing. Eva's Bridal Ltd. v. Halanick Enterprises, Inc., 98 U.S.P.Q.2d 1662 (7th Cir. 2011).