On May 21, 2019, the Eleventh Circuit Court of Appeals issued a favorable decision for the firm’s client PlayNation Play Systems, Inc. in PlayNation Play Systems, Inc. v. Velex Corporation. Marc argued the case before the Court of Appeals for PlayNation. The Court of Appeals affirmed the trial court’s judgment of trademark infringement and its decision to cancel the defendant’s trademark registration.
PlayNation sells children’s outdoor playground equipment, including swing sets and attachable swings, ropes, and rings, under its “Gorilla Playsets” brand. PlayNation started its Gorilla Playsets brand in 2002 and obtained a federal trademark registration for the brand in 2004.
PlayNation sued Velex, which was selling doorway pull-up bars and various attachable accessories for children, including swings, ropes, and rings, under its “Gorilla Gym” brand. Velex had registered a trademark for Gorilla Gym in 2014.
The Court of Appeals’ decision can be found here.