Top Brand et al. defeat false claims of injunction violation in case involving hooded sweatshirt design
Client(s) Top Brand LLC
Jones Day is representing Top Brand LLC, Sky Creations LLC, E Star LLC, Flying Star LLC, and John Ngan in Arizona federal court and in the Federal Circuit against Cozy Comfort Company LLC. Jones Day was retained by the Top Brand parties after a jury found they had infringed Cozy Comfort's design patents and two trademarks and awarded Cozy Comfort over $20 million in damages in April 2024. At issue is a design patent for an oversized hooded sweatshirt, and two trademarks relating to the mark "THE COMFY." After the verdict, plaintiff moved for sanctions and contempt based-in-part on its lawyers’ purchases from Amazon, but Jones Day successfully defeated the motion, showing that the Top Brand parties did in fact take reasonable steps to comply. Oral argument in the appeal has been expedited and will likely be scheduled in early 2025.
Top Brand LLC et al v. Cozy Comfort Company, LLC et al., No. 24-2191 (Fed. Cir.); Top Brand LLC et al v. Cozy Comfort Company, LLC et al., No. 2-21-cv-00597 (D. Ariz.)
