Trademark

The Second Circuit held for the first time that ‘misconduct’ under Rule 60(b)(3) does not include merely negligent discovery failures, and affirmed denial of Adidas’s motion to reopen a jury verdict favoring Thom Browne’s four-stripe activewear designs.

The Second Circuit held that eBay was not liable for contributory trademark infringement arising from third-party sellers listing counterfeit Tiffany jewelry, because eBay’s general knowledge that counterfeit goods were present on its platform — without specific knowledge of particular infring