Justia International Trade Opinion Summaries

Articles Posted in US Court of Appeals for the Fourth Circuit
Plaintiff Wudi Industrial (Shanghai) Co., Ltd. Challenged two adverse rulings made by the district court in favor of defendant Wai L. Wong and his business entity, GT Omega Racing, Ltd. (collectively “GTOR”). Wudi and GTOR are Asian-centered business entities that compete in the marketing of video gaming chairs and other products. In March 2017, Wudi obtained from the United States Patent and Trademark Office (“USPTO”) a registration for the stylized word mark “GTRACING.” For its part, GTOR claimed that it already owned an earlier use of a similar word mark — that is, “GT OMEGA RACING” — and challenged Wudi’s registration of the “GTRACING” word mark in cancellation proceedings before a USPTO component called the Trademark Trial and Appeals Board (the “Board”). In June 2020, the Board ruled in favor of GTOR, concluding that Wudi’s use of the “GTRACING” word mark encroached on GTOR’s earlier use of its own “GT OMEGA RACING” word mark.   The Fourth Circuit vacated the challenged rulings and remanded. The court agreed with Wudi’s primary contention that the district court’s challenged rulings constitute awards of injunctive relief in favor of GTOR and against Wudi. Secondly, the court also agreed that the challenged rulings failed to comport with the applicable Rules of Civil Procedure and controlling precedent. The court emphasized that the First Order possesses all of the necessary attributes and thus qualifies as an injunction order. That is, the First Order contains “clear, enforceable directives” and threatens Wudi with contempt for noncompliance. View "Wudi Industrial (Shanghai) Co., Ltd. v. Wai Wong" on Justia Law