Upon further review: OSU trademark challenge reinstated

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CINCINNATI (AP) — A 6th U.S. Circuit Court of Appeals panel has reinstated the school’s trademark challenge to an online marketplace involving Buckeye-related images such as that of championship-winning football coach Urban Meyer.

The three judges stated that unlike online third-party sales conduits such as Amazon and eBay, Redbubble Inc. is more than “just a passive facilitator.”

The Cincinnati-based appeals court ruling said Redbubble interweaves its brand with products and enabled the creation of goods bearing OSU’s marks that wouldn’t have otherwise existed. The company didn’t respond immediately Friday to an email seeking comment on the ruling.

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