FOR IMMEDIATE RELEASE
September 5, 2012
Contact: Douglas A. Rettew, 202.408.4161
Trademark Practice Group Chair, Partner
Finnegan Client Harley-Davidson Obtains Triple Victory at the Seventh Circuit in a Trademark License Dispute
WASHINGTON, DC - The U.S. Court of Appeals for the Seventh Circuit ruled in Harley-Davidson’s favor on three consolidated appeals, affirming a temporary restraining order, preliminary injunction, and preliminary anti-suit injunction against Harley-Davidson’s former licensee Hellenic Duty Free Shops S.A., located in Greece.
In the court below, Finnegan represented Harley-Davidson in obtaining a temporary restraining order and a preliminary injunction against Hellenic following sales of unauthorized apparel products to an unauthorized channel of trade in Germany in violation of the parties’ trademark license agreement. Additionally, after learning that Hellenic had initiated its own parallel legal proceeding against Harley-Davidson in Greece, Finnegan obtained an emergency preliminary anti-suit injunction enjoining Hellenic from pursuing the Greek action and requiring it to withdraw that action. Hellenic appealed all three of the district court’s orders to the Seventh Circuit on the grounds, among others, that the Wisconsin court lacked personal jurisdiction and that it did not have the power to enjoin Hellenic’s parallel Greek action. Represented by Finnegan, Harley-Davidson prevailed on all three of the appeals, with the Seventh Circuit affirming the district court’s rulings that it had exclusive jurisdiction over the dispute and the power to enjoin the former licensee’s parallel foreign proceeding.
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