Justia Trademark Opinion SummariesArticles Posted in U.S. 5th Circuit Court of Appeals
Nat’l Business Forms v. Phillips, et al.
This case arose when Ford sent a cease-and-desist letter to NBFP, demanding that NBFP pay damages and refrain from using Ford's trademarks on its websites. NBFP sued Ford in Texas state court, seeking a declaratory judgment that its online printing operations did not infringe Ford's trademark rights. NBFP subsequently appealed the district court's partial grant of summary judgment for Ford; the district court's final judgment holding NBFP liable for trademark infringement; and the district court's order denying NBFP's motion to amend its complaint. Ford cross-appealed from the district court's final judgment, disputing that court's findings on infringement, dilution, and attorney's fees. The court held that the district court's grant of partial summary judgment to Ford was affirmed. Because there was no likely threat of consumer confusion as to NBFP's sale of products bearing the Ford marks to three independent used car dealers, the court reversed the district court's judgment finding that NBFP's sale of these products amounted to trademark infringement, the court remanded to the district court with instructions to enter judgment for NBFP on this category of products. The court affirmed the district court's judgment in all other respects. View "Nat'l Business Forms v. Phillips, et al." on Justia Law
Bohnsack v. Varco, L.P.
Plaintiff sued defendant for fraud and for misappropriation of trade secrets over plaintiff's invention of the "Pit Bull," a machine intended to make the process of cleaning drilling fluids more efficient. Defendant appealed from a jury verdict awarding plaintiff compensatory damages and punitive damages for fraud and compensatory damages for misappropriation of trade secrets. Because plaintiff did not prove that he was entitled to damages on his fraud claim, the court rendered a take-nothing judgment on plaintiff's fraud claim, and reversed the jury's award of punitive damages. Because the verdict for misappropriation of trade secrets was supported by sufficient evidence, the court affirmed the jury's verdict on plaintiff's claim for misappropriation of trade secrets. View "Bohnsack v. Varco, L.P." on Justia Law