WWE has won a victory in their legal battle with bootleg merchandisers today. BusinessInsurance.com reports that the company scored a win in Louisina appeals court that allows them to seize bootleg merchandise.
The company had attempted to gain that right back in April during WrestleMania 30 week and was shot down. They had been seeking a reversal ever since and the 5th US Circuit Court of Appeals in New Orleans agreed with them, overturning the ruling of the lower court.
The panel noted, “Without knowing the identities of persons against whom seizure would be ordered, the district court thought it was unable to evaluate WWE’s likelihood of success in showing such persons had used a counterfeit mark,” but said that “The district court’s granular focus on the ‘identity” of unnamed Defendants misinterpreted the statutory requirement and its application here…“WWE cannot know in advance the specific identities of counterfeiters who will present themselves at any a given event, but it does know that any non-affiliated seller at or near an event is almost certainly a counterfeiter.”
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