Redbubble is a global online marketplace platform, on which third-party artists upload and sell creative designs on everyday products such as apparel, phone cases, stickers, and the like.  LTTB claimed that some of the listings on Redbubble infringed its “Lettuce Turnip the Beet” trademark by prominently displaying that pun in large fonts across t-shirts and on other products.  The court held that because there was no evidence that those uses created any confusion about the source of the products, plaintiff’s trademark claim could not proceed to trial. Redbubble was represented by Kenneth Wilson of Coastside Legal and Joshua Masur of Zuber Lawler.

The case has been appealed to the Court of Appeals for the Ninth Circuit.