The district court failed to analyze the appropriate preliminary injunction factors on a motion to enforce a settlement agreement with factual disputes.
In a trademark dispute over the “GTRACING” mark for video game chairs between two Asian-centered businesses, the U.S. Court of Appeals for the Fourth Circuit has lifted an injunction on a motion to enforce a settlement agreement entered by the federal district court in Virginia. Even though the district court never used the word “injunction” in the order, the Fourth Circuit held that the district court’s order possessed all of the attributes of an injunction. In a dissenting opinion, Circuit Judge Allison Rushing expressed her view that summary enforcement of a settlement agreement by specific performance does not require an analysis of the preliminary injunction factors (Wudi Industrial (Shanghai) Co. Ltd. v. Wong, June 2, 2023, Hilton, C.).
Case date: 02 June 2023
Case number: No. 1:20-cv-00908-CMH-TCB
Court: United States District Court, Eastern District of Virginia
A full summary of this case has been published on Kluwer IP Law.
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