Klarquist Wins Motion to Vacate Judgment and Injunction in Trademark Dispute
Klarquist attorneys retained at the last minute successfully defended against contempt allegations at an evidentiary hearing on an order to show cause, convincing the Court to vacate its default judgment and injunction entered against Renaissance Malibu Foundation and dismiss the case for lack of personal jurisdiction. The case was filed in the District of Oregon in July 2009 by plaintiffs Grasshopper House, LLC and Passages Silver Strand, LLC alleging trademark claims pursuant to Section 43(a) of the Lanham Act based on Google AdWord campaigns, among other things, against three unrelated defendants, Accelerated Recovery Centers, LLC, Renaissance Malibu Foundation, and Baldwin Research Institute, Inc. Assuming the role of lead counsel less than 48 hours prior to a show cause hearing, Klarquist attorneys cross examined three witnesses who had not been identified in advance, eliciting testimony establishing that the Court lacked personal jurisdiction from the plaintiffs’ own witnesses, and then argued to vacate the judgment and dismiss the case. Less than two days after the hearing, the Honorable Ancer L. Haggerty granted the motion to vacate the judgment and dismissed the case for lack of personal jurisdiction.