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Kia’s IP Win Against Allstate ‘Odd,’ 9th Circ. Judge Says

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > Kia’s IP Win Against Allstate ‘Odd,’ 9th Circ. Judge Says

Kia’s IP Win Against Allstate ‘Odd,’ 9th Circ. Judge Says

Law360 (August 12, 2019, 4:33 PM EDT) — A Ninth Circuit judge on Monday questioned why a district judge found that Kia Motor Corp.’s high-tech “Drive Wise” vehicle add-ons don’t infringe Allstate’s trademarked “Drivewise” driver safety program, despite a jury’s advisory verdict that found otherwise, saying it’s “odd” and the “elephant in the room.”

During a hearing in Pasadena, California, U.S. Circuit Judge Consuelo Callahan said it’s odd that the district judge empaneled an advisory jury for the sole purpose of deciding whether there is a likelihood of confusion between the products, but then disregarded the jury’s conclusion and didn’t explain why.

“I don’t know why you would do…

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