This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Intellectual Property

May 20, 2024

Judge didn't have jurisdiction to stay infringement case, attorneys argue

The stay order meant "WheelImage's 9th Circuit appeal is now effectively being held in abeyance," attorneys for the company wrote in an application to have it lifted.

An attempt by a wheel manufacturer to revive a trademark infringement claim following a March dismissal is in flux, with plaintiff attorneys asserting the federal judge overseeing the case had prematurely issued a stay in proceedings. They also questioned his jurisdiction to issue the order.

On Friday, attorneys for WheelImage Corp. at Puritan Law and Bishop Diehl & Lee Ltd. argued they are in a bind as to their right to appeal because U.S. District Judge James V. Selna didn...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
$887 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?