Ohio State University v. Redbubble
United States Court of Appeals for the Sixth Circuit
989 F.3d 435 (2021)
- Written by Sara Adams, JD
Facts
Redbubble Inc. (defendant) was an online retailer based in Australia that sold products globally. Under the Redbubble model, customers could customize various products online using images uploaded by independent artists. Shipping and production were handled by third parties. Redbubble used its own branded packaging and product tags and was involved in marketing items to consumers under the Redbubble name. The Ohio State University (OSU) (plaintiff) discovered unapproved items bearing OSU trademarks on Redbubble. After failing to resolve the issue directly with Redbubble, OSU sued Redbubble for trademark infringement in federal district court. OSU argued that Redbubble was responsible for any infringing items sold on its marketplace because it was not a passive facilitator of product sales. Both OSU and Redbubble moved for summary judgment, and the district court granted summary judgment in favor of Redbubble. OSU appealed.
Rule of Law
Issue
Holding and Reasoning (Nalbandian, J.)
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