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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...

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