Waco International, Inc. v. KHK Scaffolding Houston, Inc.

Waco (plaintiff) manufactured trademarked scaffolding and, alleging trademark infringement by KHK (defendant)-who labeled some products 'WACO' in marketing materials and invoices, though not on the physical products-obtained an ex parte seizure of KHK's scaffolding under the Lanham Act. The seizure order was later dissolved because the seized physical products did not actually bear Waco's mark, and KHK counterclaimed for wrongful-seizure damages, which the district court awarded.

Whether a party damaged by a wrongful ex parte seizure under the Lanham Act has a cause of action against the party that applied for the seizure.