Oct 8 2024
2nd Cir. 22-1634 Panel Decision

1-800 Contacts, Inc. v. JAND, Inc., DBA Warby Parker

The Second Circuit affirmed that purchasing a competitor's trademark as a search keyword does not inherently constitute trademark infringement under the Lanham Act. The court held that because the resulting advertisements and landing pages did not display the plaintiff's marks, there was no plausible likelihood of consumer confusion.

Jun 5 2024
3rd Cir. 2-20-cv-2576 Panel Decision

Elmagin Capital, LLC v. Chen

The Third Circuit affirmed the district court's denial of Elmagin's post-trial motions, upholding a jury verdict that found trade secrets existed but were not misappropriated. The court also confirmed that attorneys' fees claims in trade secret cases are matters for the judge, not a jury.

Jun 5 2024
3rd Cir. 2-20-cv-2576 Panel Decision

Elmagin Capital, LLC v. Chen

The Third Circuit affirmed the district court's denial of post-trial motions in a trade secret dispute, upholding a jury verdict that found the strategies were trade secrets but not misappropriated. The court also rejected a request for a jury trial on the issue of attorney's fees, ruling that such determinations are matters of law for the judge.

Jun 5 2024
3rd Cir. 2-20-cv-2576 Panel Decision

Elmagin Capital, LLC v. Chen

The Third Circuit affirmed the district court's denial of Elmagin's motions for judgment as a matter of law and a new trial in a trade secret dispute. The appellate court held that the jury's verdict, which found the strategies were trade secrets but not misappropriated, was supported by sufficient evidence.

Jun 5 2024
3rd Cir. 2-20-cv-2576 Panel Decision

Elmagin Capital, LLC v. Chen

The Third Circuit affirmed the district court's denial of Elmagin's motions for judgment as a matter of law and a new trial regarding trade secret misappropriation claims. The court held that the jury's verdict, which found trade secrets existed but were not misappropriated, was supported by sufficient evidence.