Justia Banking Opinion SummariesArticles Posted in Intellectual Property
The First National Bank v. First National Bank SD, et al.
FNB South Dakota and its affiliates appealed from the district court's entry of a permanent injunction against them as a remedy for trademark infringement and unfair competition claims brought by FNB Sioux Falls. FNB Sioux Falls cross-appealed the denial of its motion for attorney's fees and the district court's purported factual finding that certain of FNB South Dakota's affiliates' names "appear" not to infringe FNB Sioux Falls' marks. The court held that, because the nucleus of operative facts in this action included facts not common to the prior action, this action was not barred by res judicata; the admission of the confusion log was harmless error; the district court's finding of a likelihood of confusion was based on a permissible view of the evidence and was therefore not clearly erroneous; and the district court's denial of fees must be affirmed. The court also declined to strike the challenged language from the district court's Amended Findings of Fact and Conclusions of Law. Accordingly, the court affirmed the judgment. View "The First National Bank v. First National Bank SD, et al." on Justia Law
Wells Fargo Bank, N.A. v. WMR e-PIN, LLC, et al.
Synoran and e-Pin (appellants) appealed from the district court's confirmation of an arbitration award in favor of Wells Fargo, which had prevailed on its claims for breach of contract and for misappropriation of trade secrets. Appellants maintained that the district court lacked jurisdiction to confirm the award, erred in confirming the award, and abused its discretion in denying their motion to amend or terminate a permanent injunction issued as part of the award. The court rejected appellants' claim that Wells Fargo was a citizen of both South Dakota and California and concluded that the district court did not err in determining that it had subject-matter jurisdiction over the action. The court also held that the district court did not err in determining that appellants had waived their right to challenge the award of injunctive relief; in declining to vacate the award on the grounds that the arbitration panel exceeded the scope of its arbitral mandate; and in confirming the award of attorneys' fees against e-Pin. The court further held that the district court did not abuse its discretion in denying the motion to terminate or amend the permanent injunction. Accordingly, the judgment was affirmed.