Window World International v. O'Toole, No. 21-1108 (8th Cir. 2022)
Annotate this CaseThe Eighth Circuit dismissed, based on lack of jurisdiction, plaintiffs' appeal of a district court order staying a federal action for trademark infringement and unfair competition pending resolution of common trademark license issues in a long-pending state court litigation between the parties. The court concluded that the stay order is neither a final order under 28 U.S.C. 1291 nor a collateral interlocutory order that may be appealed. In this case, the district court did not abuse its discretion in concluding that if the Lomax Parties prevail on their broad allegations in state court, then the state proceedings will fully dispose of the claims in federal court.
Court Description: [Loken, Author, with Colloton and Benton, Circuit Judges] Civil case. Plaintiffs appeal a district court order staying a federal action for trademark infringement and unfair competition pending resolution of common trademark license issues in a long-pending state court litigation between the parties; the appeal is dismissed for lack of jurisdiction as the stay order at issue is neither a final order under 28 U.S.C. Sec. 1291 nor a collateral interlocutory order that may be appealed. Judge Colloton, dissenting.
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