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Litigation

Arkansas Business Litigation Blog

Arkansas business law and 8th U.S. Circuit Court of Appeals developments in intellectual property (patent, trademark, copyright, trade secrets and covenants not to compete).
By H. William Allen et al.

Post Frequency: 10.8/day

Last Entry: December 31, 2009 at 16:54:02

El Dorado Broadcasting Wins Water Flow Lawsuit

Posted on February 13, 2008
The Arkansas Court of Appeals affirmed judgment in Bilo v. El Dorado Broadcasting Co., No. 07-507 (2/13/08). Bilo owns land east of EDB; rainfall typically passed over Bilo's land and traveled south. He built a landfill, which caused rainfall to be diverted to EDB's land...

A Nonsuit Against One Defendant and a Judgment Against the Other is an Appealable Order

Posted on February 08, 2008
The Arkansas Supreme Court clarified its stance on appealable orders when multiple claims against multiple parties are involved in Advanced Environmental Recycling Technologies v. Advanced Control Solutions, Inc., No. 06-1145 (2/7/08). ACS filed suit against AERT and one of its former employees for trade secret misappropriation, breach of a noncompete agreement, and tortious interference with business...

Timely but Defective Service Preserves a Claim Under the Saving Statute

Posted on February 08, 2008
The Arkansas Court of Appeals affirmed dismissal without prejudice in Clouse v. Tu, No. 07-586 (2/6/08). The opening line of the opinion states: "This case arises at the three-way intersection of a service problem, the statute of limitations, and the terms of the dismissal...

Turns Out There Was no Settlement to Enforce, Even Though the Offer was Accepted

Posted on January 25, 2008
The Arkansas Court of Appeals reversed enforcement of a settlement agreement in Roberts v. Green Bay Packaging, No. 07-60 (1/23/08). This case was a dispute over use of an easement that involved the Robertses, Mr. Rhodes and Green Bay Packaging...

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Plaintiff Wins Property Boundary Dispute, but at What Cost?

Posted on January 24, 2008
The Arkansas Court of Appeals affirmed resolution of a boundary dispute in Boyster v. Shoemake, No. 07-593 (1/23/08). The parties' lands are separated by a fence, although a survey showed the actual boundary is south of the fence. Shoemake presented evidence from her family and friends that the parties had always treated the fence as the boundary...

As Predicted, Arkansas Trade Secret Case Ends Where it Started in 2004

Posted on January 24, 2008
The long-standing trade secret dispute between R.K. Enterprises and Pro-Comp Management (previously posted 1/10/07) has finally come to an end on the third appeal. True to form, it took two published opinions to end the case. See Pro-Comp Management, Inc...

ESPN Seeks Reduction in Licensing Fees After Eighth Circuit's Fantasy Baseball Decision

Posted on January 23, 2008
Late last year, the Eighth Circuit ruled that use of professional sports statistics in fantasy games is protected by the First Amendment. See C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., 505 F.3d 818 (8th Cir...

Arkansas Trademark Infringement Lawsuit Filed Over the Phrase "Flexible Staffing"

Posted on January 23, 2008
A declaratory action alleging no trademark infringement was filed yesterday in the Western District of Arkansas. Flexible Staffing Services, Inc. v. Integro Employment Services, Inc., No. 08-5018 (W.D. Ark., filed 1/22/08). Flexible Staffing Services (FSS) is a nationwide firm providing temporary staffing services...

Woman Must Pay U.S. Bank for Fraudulent Check

Posted on January 23, 2008
The Arkansas Supreme Court affirmed summary judgment in Talbert v. U.S. Bank, N.A., No. 07-497 (1/17/08). During the summer of 2005, Talbert lent $25,000 to a man she knew as David Smith. In mid-November 2005 Smith sent her a check for $85,000...

Septic Easement Violates Restrictive Covenants

Posted on January 22, 2008
The Arkansas Supreme Court affirmed judgment in Royal Oaks Vista, LLC v. Maddox, No. 07-542 (1/17/08). The Royal Oaks Vista subdivision was platted in 1972. Among other things, the restrictions prohibited any "noxious trade or activity." In 2004, ROV filed a replat and began constructing a temporary septic easement across one of the lots...

Class Action Can Recover From a Bond Posted on Behalf of Russellville Check Express

Posted on January 21, 2008
The Arkansas Supreme Court affirmed the trial court's reversal of administrative order in Arkansas Board of Collection Agencies v. McGhee, No. 07- 129 (1/17/08). The case centered upon a class action against Russellville Check Express (RCE) for charging usurious interest...

Trial Court Cannot Reinstate a Case That is Dismissed Because of the Trial Court's Error

Posted on January 17, 2008
The Arkansas Supreme Court affirmed dismissal for want of prosecution in Watson v. Connors, No. 07-208 (1/10/08). This case was inactive for 2 years, so the trial dismissed the case pursuant to Ark. R. Civ. P. 41(b). Unfortunately, the court failed to notify the parties...

A Mortgagee is not a Landowner, at Least for Arkansas Eminent Domain Law

Posted on January 11, 2008
The Arkansas Supreme Court reversed a grant of attorney's fees in City of Ft. Smith v. Carter, No. 07-220 (1/10/08). The Hacklers sold a parcel of land to the Carters for $60,000; and the Hacklers held a mortgage for the outstanding debt. The city obtained an order of immediate possession by depositing $14,000...

Service Defective Even Though Plaintiff Used the Address on Defendant's Driver's License

Posted on January 11, 2008
The Arkansas Supreme Court affirmed dismissal based on defective service in Brennan v. Wadlow, No. 06-1406 (1/10/08). Brennan and Wadlow were involved in a car accident. On his driver's license, Wadlow uses the address of his father's business, although this is a separate address from Wadlow's residence...

University of Arkansas has Sovereign Immunity From Copyright Infringement Lawsuit

Posted on January 07, 2008
The Eastern District of Arkansas dismissed a copyright infringement case based on sovereign immunity in InfoMath, Inc. v. University of Arkansas, 2007 WL 4562878 (E.D. Ark. 12/21/07). In 2000, InfoMath contracted with the University of Arkansas at Little Rock to provide an internet based pre-calculus course...

No Name Steaks Wins Preliminary Injunction Based on Trademark Infringement and Dilution

Posted on January 04, 2008
The District Court of Minnesota granted a preliminary injunction based on trademark infringement and trademark dilution in J&B Wholesale Distributing, Inc. v. Redux Beverages, LLC, 2007 WL 4563457 (D. Minn. 12/20/07). J&B sells steaks and other meat products under the trademark No Name...

Fitger's Brewery Wins Preliminary Injunction to Protect Trademark

Posted on January 04, 2008
The District Court of Minnesota granted a preliminary injunction based on trademark infringement and false advertising in Fitger's On-The-Lake, LLC v. The Fitger Company, LLC, 2007 WL 4531502 (D. Minn. 12/19/07). Fitger's has operated a brewery in Minnesota since the 1880's, and it holds a number of trademarks that have now become famous...

Plastic Surgeon Lifts Copyrighted Photos From Competing Surgeon's Website

Posted on January 02, 2008
The District Court of Nebraska denied a motion to dismiss for lack of personal jurisdiction in Denenberg v. Djordjevic, 2007 WL 4525011 (D. Neb. 12/18/07). Dr. Steven Denenberg is a plastic surgeon in Omaha, Nebraska. Like many in his profession, he posts before/after photographs on his website to promote his work...

Mahco Has Not Abandoned Its Trademark, At Least Not Yet

Posted on January 02, 2008
The Western District of Arkansas denied plaintiff's motion to dismiss the counterclaim in Lewis & Clark Outdoors, Inc. v. Mahco, Inc., 2007 WL 4510364 (W.D. Ark. 12/18/07) (previously posted 5/1/07). Mahco has counterclaimed against Lewis & Clark Outfitters (LCO) for trademark infringement...

Lloyd Sales Company Files Arkansas Trademark Infringement Declaratory Action Against The Game

Posted on December 20, 2007
A trademark infringement dispute involving university merchandise has taken an interesting turn. See Lloyd Sales Co., Inc. v. The Game, LLC, No. 07-1198 (E.D. Ark., filed 12/18/07). The Game sells merchandise of various universities by placing university logos on its own 3-bar logo...

Car is Devalued $7,000 When Thief Drives it For One Hour Without Damages

Posted on December 20, 2007
The Arkansas Court of Appeals affirmed judgment in Bull Motor Company v. Murphy, No. 07-183 (12/19/07). A thief stole a truck from Bull Motor Company (BMC), but the police recovered it an hour later. The truck had been driven 40 miles, and it had sustained no damage...

Community of Christ Wins Preliminary Injunction for Trademark Infringement of Church Name

Posted on December 17, 2007
The Western District of Missouri granted a preliminary injunction based on trademark infringement in Community of Christ Copyright Corp. v. Miller, 2007 WL 4333192 (W.D. Mo. 12/7/07). Community of Christ holds federal trademark registrations for "RLDS" and "Reorganized Church of Jesus Christ of Latter Day Saints...

Eighth Circuit Refuses to Enforce Arkansas Noncompete Agreement

Posted on December 17, 2007
The Eighth Circuit affirmed summary judgment, to both parties, in a unique case involving a noncompete agreement. See Guardian Fiberglass, Inc. v. Whit Davis Lumber Co., __F.3d__ (12/12/07). This is a long post because this brief opinion brings out some interesting points regarding noncompete agreements...

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