Waco International, Inc. v. KHK Scaffolding Houston, Inc.
United States Court of Appeals for the Fifth Circuit
278 F.3d 523 (2002)
A party that is damaged by a wrongful ex parte seizure under the Lanham Act has a cause of action against the party that applied for the seizure.
Relevant Facts
Waco International, Inc. (Waco) manufactured scaffolding products under the “WACO” trademark. KHK Scaffolding Houston, Inc. (KHK) sold compatible scaffolding products, labeling some frames as “WACO” in marketing materials and invoices, but not on the products themselves. Waco sued KHK for trademark infringement and obtained an ex parte seizure of the scaffolding. The seizure order was later dissolved as the products did not bear Waco's mark. KHK counterclaimed for damages due to the wrongful seizure, which the district court awarded.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 8, 2023
Judicial Opinion
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Procedural History
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Citations
278 F.3d 523 (2002)