The Eleventh Circuit followed the US Supreme Court’s lead in ignoring the “elephants in the room” of US trademark law’s international reach as it remanded a fight over the band name The Commodores, legal professionals say.
The high court’s June ruling in Abitron Austria GmbH v. Hetronic International Inc. substantially altered the legal calculus in the Commodores case, the US Court of Appeals for the Eleventh Circuit ruled earlier this month. The district court will now have to reassess the scope of an international ban against ex-Commodores guitarist Thomas McClary using the name, as well as attorneys fees’ awarded over his litigation tactics.
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