United States First Circuit

Summary judgment for plaintiff on its breach of contract and trademark claims alleging that defendant sold home theater systems manufactured by plaintiff for use in the United States to customers in other countries to take advantage of higher retail prices abroad, after he signed a settlement agreement that he would not do so, is affirmed, where: 1) the Settlement Agreement is a valid contract; 2) the Settlement Agreement's liquidated damages clause is enforceable; 3) no reasonable factfinder could conclude that defendant had met his burden of showing that the sales in question were not likely to cause consumer confusion; and 4) the district court did not err by declining to extend discovery.

Appellate Information

• Decided 10/04/2013
• Published 10/04/2013

Judges

• LYNCH

Court

• United States First Circuit

Counsel