The Federal Circuit Court of Appeals has again sided with WHIPgroup and its client Hybrid Athletics in denying Hylete, Inc.’s petition to rehear the Court’s previous ruling in Hybrid Athletics’ favor. In a precedential opinion issued last August, the Federal Circuit affirmed a determination by the Trademark Trial and Appeal Board that Hylete’s stylized “H” logo is confusingly similar to Hybrid’s trademarks. When Hylete petitioned for rehearing, WHIPgroup filed a persuasive opposition and the Federal Circuit unanimously denied Hylete’s request. The Federal Circuit’s denial effectively ends the question of whether Hylete’s stylized “H” logo is infringing. Hybrid is simultaneously pursuing federal trademark infringement claims for damages and an injunction against Hylete and its founders in the District Court of Connecticut for use of Hylete’s stylized “H” logo and the word mark HYLETE.

The Federal Circuit Judges that reviewed and unanimously denied Hylete’s petition were Chief Judge Prost and Circuit Judges Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll.