Latest Case This Week: SnugglyCat, Inc. v. Opfer Communications, Inc. (8th Cir.)

SnugglyCat, Inc. v. Opfer Communications, Inc.

Court: US Court of Appeals for the Eighth Circuit

Docket: 18-3500

Opinion Date: March 17, 2020

Judge: Bobby E. Shepherd

Areas of Law: Intellectual Property, Trademark

The Eighth Circuit affirmed the district court's order granting SnugglyCat's motion to voluntarily dismiss this Lanham Act action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). The court rejected appellants' contention that the district court failed to consider their argument regarding legal prejudice; the court saw no need to adopt a per se rule that would bar dismissal without prejudice in all cases in which a plaintiff has sued under a fee-shifting statute and found that the district court did not commit an error of law; and the district court did not commit a clear error of judgment where it considered all the relevant factors, including SnugglyCat's purported reason for seeking dismissal of the action without prejudice—its inability as a small company to sustain the cost of continuing suit—and expressly found the motion to have been made in good faith.