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5 November 2007

Mayer Brown Scores Major Trademark Litigation Victory In Pro Bono Case

Lawyers in Mayer Brown's Palo Alto office scored a major trademark litigation victory in the Ninth Circuit. Working pro bono, the firm represented Tim Oey, who had been preliminarily enjoined by an Arizona district court from "tending to disparage" the validity of a trademark claimed by the Freecycle Network, and from encouraging others to use the word "freecycle" in its generic sense. The Ninth Circuit vacated the injunction, holding that there is no action for trademark disparagement under the Lanham Act and providing the most extensive appellate discussion of "genericide" so far in holding that success under a contributory infringement theory was also unlikely.

The Mayer Brown team on this case includes Partners Don Falk and associate Eric Evans. Don Falk argued the case in the Ninth Circuit.

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