News & Analysis as of

Default Judgment Trademark Infringement

McDermott Will & Schulte

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

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

Lewitt Hackman

Franchisee 101: Salon Franchisee Snipped, Confirmed, and Enjoined

Lewitt Hackman on

A federal district court in Tennessee granted a motion for a default judgment in the franchisor’s favor against its former franchisee requiring the franchisee to pay damages and comply with the post-termination obligations...more

McDermott Will & Schulte

Message Received: Service of Complaint by Email Found Sufficient

The US Court of Appeals for the Fifth Circuit affirmed the district court’s entry of default judgment against the defendant because email service of the complaint was proper under the Federal Rules of Civil Procedure and the...more

Jones Day

Second Circuit Affirms Denial of Contempt Sanctions on Foreign Banks with Accounts of Non-Compliant Judgment Debtors

Jones Day on

The Underlying Dispute The dispute giving rise to the Second Circuit's decision began with a trademark infringement suit filed by Nike in 2013 against several hundred Chinese retailers for selling counterfeit Nike products on...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - March 2021

Rivkin Radler LLP on

The insured was sued in an underlying action seeking damages and injunctive relief for alleged trademark infringement. The insured tendered the action to its CGL insurer which disclaimed. The insured settled the underlying...more

Lewitt Hackman

Franchise 101: A Sticky Situation

Lewitt Hackman on

A federal court in Maryland entered default judgment and a permanent injunction in favor of an ice cream franchisor against a franchisee that continued operating its ice cream shop after termination....more

McDermott Will & Schulte

Seventh Circuit Slaps Online Marketer with Default Judgment, Permanent Injunction

A unanimous panel of the US Court of Appeals for the Seventh Circuit upheld a default judgment and permanent injunction against an online marketer for trademark infringement, false advertising, dilution, unfair competition...more

Knobbe Martens

Laerdal Medical Corp. v. ITC

Knobbe Martens on

Federal Circuit Summary - Before Lourie, O’Malley, and Stoll. Appeal from the United States International Trade Commission. Summary: After institution, the Commission cannot without opposition or appearance from...more

Foster Garvey PC

Hotels and Consumers Making Headway in Anti-Room Poaching Battle

Foster Garvey PC on

It’s estimated that room poaching results in upwards of $1.3 billion in lost revenue for hotels and lost funds for consumers every year. As hotels and consumers look for a way to fight against these losses, trademark...more

Bennett Jones LLP

No Second Chance: Default Judgment Stands Against Infringers without a Reasonable Explanation for their Delay

Bennett Jones LLP on

Some defendants have the mistaken belief that court deadlines are inherently flexible, and that even a default judgment can be set aside with a simple “mea culpa”. Not so. Without a reasonable explanation—and proof supporting...more

Foley Hoag LLP - Trademark, Copyright &...

We All Scream For Ice Cream: Master Softee Defaults in Trademark Dispute

For some of us who “summered” on the sweltering streets of New York City as children, the sound of the Mister Softee jingle triggers a Pavlovian response for that sweet, soft-serve ice cream. It was the perfect antidote for...more

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