Appeals, Reversal, Unfair Competition

Damages on Default Judgment Not Barred by Absence of Precise Amount in Complaint

McDermott Will & Schulte on 5/8/2025

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court decision, allowing collection of actual damages in a default judgment where the complaint only sought damages “in an amount to be determined...more

Unfair Play: Unjust Enrichment for Copying and Using Non-Trade-Secret Spreadsheet

McDermott Will & Schulte on 11/10/2023

The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of an unjust enrichment claim, finding that unjust enrichment claims do not necessarily rise or fall with trade secret misappropriation...more

Delay in Enforcing Trademark Measured from When Infringement Became Actionable

McDermott Will & Schulte on 5/26/2022

Addressing laches and progressive encroachment, the US Court of Appeals for the Eighth Circuit reversed and remanded a district court’s grant of summary judgment based on laches because the district court failed to “conduct a...more

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

Dorsey & Whitney LLP on 9/10/2021

In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

E-Commerce and Trademark Infringement: OSU Wins a Battle at the Sixth Circuit

Dorsey & Whitney LLP on 3/18/2021

The Ohio State Buckeyes may have lost the college football national championship to Alabama earlier this year but OSU can take some consolation from its recent victory in a trademark case before the Sixth Circuit Court of...more

Lotso More Than Non-Exclusive Licensor-Licensee Relationship Needed for Personal Jurisdiction

McDermott Will & Schulte on 1/3/2020

Addressing whether the activities of non-exclusive licensees subject the licensor to personal jurisdiction, the US Court of Appeals for the Fifth Circuit held that jurisdiction over the licensees does not extend personal...more

Appeals court continues narrow interpretation of Oklahoma’s non-solicitation statute

McAfee & Taft on 3/2/2018

Dealing with departing employees can be tricky. That’s why many companies require certain employees — particularly those with access to confidential or proprietary company information or customers — to sign written agreements...more

McGill v. Citibank and Arbitration Agreements

Akin Gump Strauss Hauer & Feld LLP on 4/10/2017

On Thursday, April 7, 2017, in McGill v. Citibank, the California Supreme Court held that a pre-dispute arbitration agreement that waives the right to seek public injunctive relief is contrary to public policy and thus...more

Second Circuit Sides With AmEx, Reversing Lower Court Victory for DOJ

Bilzin Sumberg on 9/28/2016

The United States Court of Appeals for the Second Circuit, a highly influential appellate court sitting in New York, on September 26 issued a unanimous ruling with major implications for antitrust and unfair competition laws,...more

Litigation Alert: The Ninth Circuit Leaves Pirate Joe’s Saying “Shiver Me Timbers!”

Fenwick & West LLP on 8/31/2016

Late last week, the U.S. Court of Appeals for the Ninth Circuit determined a court had jurisdiction to decide a trademark lawsuit filed by a U.S. grocery store against a Canadian reseller where the products at issue were only...more

9th Circuit Cannot Make Up Its Mind

Fish & Richardson on 11/6/2015

In a drama that certainly has not seen its curtain drop, the 9th Circuit has changed its mind twice on the same issue in the same case during a 19 month span. This story began in 2011 when Multi Time Machine, Inc. (“MTM”), a...more

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