IP+T: Intelligence Newsletter - Q1 2019

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Jury Awards $95.5M in Trademark Infringement Case $95.5M in damages has been awarded by a jury in the ongoing trademark infringement battle between Walmart Stores, Inc. (Walmart) and Variety Stores, Inc. (Variety) over the use of the trademark “BACKYARD.” A federal judge approved a jury verdict that determined Walmart must pay Variety for infringing on Variety’s trademarks “The Backyard,” “Backyard,” and “Backyard BBQ.” This decision comes after Variety appealed a lower court’s decision to award Variety a $31.5M summary judgment. Walmart issued a statement calling the $95M verdict excessive and indicated that it is evaluating its options, including post-trial motions and an appeal. We have provided more details below, but stay tuned, as we suspect we have not heard the last of this dispute.

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