Explaining that the onus was on the plaintiff to show that it engaged in activities not covered by the covenant not to sue, the Fifth Circuit has found that the district court committed two errors in its summary judgment grant in a case involving a trademark invalidation claim and vacated its final judgment.
5th Circuit Trademark Invalidity Finding natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.
The US Court of Appeals for the Fifth Circuit reversed a district court’s trademark invalidity finding based on lack of subject matter jurisdiction because a covenant not to sue (CNS).