Variety Stores v. Walmart

Variety Stores, Inc. v. Walmart Inc. · 2018 · E.D.N.C. / 4th Cir.

What happened

A regional retailer holding rights in "The Backyard" and related marks sued Walmart over its use of "Backyard Grill" on grilling products.

The money

A jury awarded roughly $95 million; the award was reduced substantially in later proceedings.

Reported figures in trademark cases frequently conflate what was sought, what a jury awarded, what survived appeal, and what was actually paid — which is often confidential. Confirm against the docket or a primary source before relying on this number.

What it means for your business

Being much larger than the other party is not a defence, and a small regional registrant can hold rights that stop a national rollout. Clearance is cheaper than rebranding a product line already on shelves.

Related