In a trademark infringement suit between two packing companies over rights in the name “PAKSTER,” the federal district court in Waterloo, Iowa, lacked jurisdiction to cancel two federal trademark registrations fraudulently obtained by defendant PI, Inc., because its rival, East Iowa Plastics, Inc., (“EIP”) failed to established that it suffered any damages as a result of the registrations, the U.S. Court of Appeals in St. Louis has decided. The appeals court vacated the district court’s cancellation order, and reversed its exceptional case finding and award of $585,000 in attorney fees to EIP (East Iowa Plastics, Inc. v. PI, Inc., August 11, 2016, Kelly, J.).
A full summary of this case has been published on Kluwer IP Law.
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