International Star Class Yacht Racing Association v. Tommy Hilfiger, U.S.A., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that defendant’s continued use of trademark “betting on the fact that [plaintiff] would not prevail in its suit” amounted to bad faith
• noting, however, that “a plaintiff must prove that the infringer acted in bad faith.”
• willful ignorance should not provide a means by which a defendant can evade its obligations under trademark law
• “[A]n award of attorney fees may be justified when bad faith infringement has been shown.”
• defendant marketed its product as using “authentic details taken from the sport of competitive sailing” and “elements and patterns taken directly from actual racing sails.”
• “[T]he failure to follow the advice of counsel given before the infringement must factor into an assessment of an infringer’s bad faith.” (emphasis in original)

Source: CourtListener parenthetical corpus (CC0).