Morrison Foerster Defeats Rehearing of Trademark Win for Redbubble

On October 24, 2023, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of Morrison Foerster’s client, Redbubble, Inc. (Redbubble), holding that it did not infringe on Atari Interactive, Inc. (Atari) trademarks and denied Atari’s request for a rehearing.

Atari accused Redbubble, a print-on-demand marketplace, of trademark infringement and lack of oversight of counterfeit merchandise. 

The latest denial follows an earlier win in the Ninth Circuit in July affirming a lower court’s ruling for summary judgment in Redbubble’s favor, noting that Atari had failed to prove its trademark claim. 

The Morrison Foerster trademark team representing Redbubble is led by Allyson Bennett with Joseph Gratz, appellate partner James Sigel, with support from patent litigation associate Matthaeus Martino-Weinhardt, appellate associate Alexandra Avvocato, and co-counsel Coastside Legal.