Diece-Lisa Industries, Inc. v. Disney Enterprises, Inc. No. 17-41268 cons. w/ No. 17-41271
Before STEWART, DENNIS, and WILLETT, Circuit Judges.
AFFIRMED in part VACATED in part, and REMANDED with instructions. (November 2019).
Diece-Lisa Industries, Inc. appealed the District Court’s rulings in two consolidated actions alleging that various Disney corporate entities infringed on Diece-Lisa’s “Lots of Hugs” trademark by using the “Lots-O’-Huggin’ Bear” in the Toy Story 3 movie and in the sale of merchandise. The Disney defendants were comprised of two primary groups. The retail entities, and the IP entities. The Fifth Circuit holds that Diece-Lisa may obtain review of the adversary interlocutory rulings in its current appeal from the adverse final judgment in case No. 2:14-CV-00070. The Court affirms the District Court’s conclusion that Diece-Lisa lacked personal jurisdiction over the IP entities, because Diece-Lisa’s arguments were based on two novel theories that were without merit. The Court sets aside the District Court’s order pertaining to the third amended complaint and remands, holding that the District Court abused its discretion, by sua sponte and without hearing, vacating its order granting Diece-Lisa leave to file the third amended complaint. Finally, the Court affirms the District Court’s decision striking the fourth amended complaint, holding that no abuse of discretion attended that ruling.
On Appeals from the United States District Court for the Eastern District of Texas (Robert William Schroeder, III).
Attorney for Appellant – Richard L. Schwartz, Fort Worth, TX
Attorney for Appellee – Robert N. Klieger, Los Angeles, CA