YS Garments wins complete dismissal of trademark cancellation appeal and renewed trademark infringement claims brought by purported sportswear apparel competitor
Clients YS Garments, LLC
Jones Day successfully defended YS Garments, LLC ("YS Garments"), a leading designer and supplier of fashion blanks, in securing a complete dismissal of both an appeal from the U.S. Trademark Trial and Appeal Board's order cancelling a trademark registration owned by Next Level Sportsystems and Sierra Sportswear (collectively, “NLS”) and NLS's renewed allegations of trademark infringement, false advertising, and deceptive trade practices by YS Garments. The Jones Day team successfully argued that NLS failed to timely effect service (which was 81-days tardy, despite a cumulative 11-week extension resulting from the Court's COVID-related scheduling orders) and that NLS's counsel failed to establish good cause justifying a retroactive extension. A few weeks prior to the dismissal, YS Garments successfully secured its own federal registration for the trademark at issue.
Next Level Sportsystems v. YS Garments, LLC, No. 1:20-cv-00252 (N.D. Ill.)