Cases & Deals

Top Brand et al. win appeal reversing $21.4 million IP infringement judgment in case involving hooded sweatshirt design

Client(s) Top Brand LLC

On behalf of Top Brand LLC, associated companies, and John Ngan, on July 17, 2025, Jones Day obtained reversal of a $21.4 million design patent and trademark infringement judgment. In April 2024, an Arizona jury had found that the Top Brand companies had infringed Cozy Comfort's design patents and two trademarks and awarded Cozy Comfort over $20 million in damages. At issue was a design patent for an oversized hooded sweatshirt, and two trademarks relating to the mark "THE COMFY." The Federal Circuit ordered judgment of no infringement as a matter of law for Top Brand, on both the design patent and trademark infringement claims.

Top Brand LLC et al v. Cozy Comfort Company, LLC et al., No. 2-21-cv-00597 (D. Ariz.); Appeal No. 24-2191 (Fed. Cir.)