Hooters' Appeal Precluded By Its Failure To File A Postverdict Motion

Case: HI Ltd. P'ship v. Hooters of America, Inc. Case No. 05-10074 (Fed. Cir. 6/15/06)

The One Sentence Summary: A motion for judgment as a matter of law alone does not preserve an issue for appeal.


What They Were Fighting About: Jury awarded defendant Ker $1.2 million on its counterclaim for breach by Hooters of the parties' settlement agreement. District court granted defendants judgment as a matter of law on Hooters' trade dress infringement, dilution and unjust enrichment claims.

Federal Circuit Holdings:

• A party that has failed to file a postverdict motion cannot raise such a claim on appeal, even if that party filed a motion for judgment as a matter of law prior to submission of the case to the jury.
• Upon de novo review, affirms district court's grant of judgment as a matter of law to defendants on Hooters' trade dress infringement, dilution and unjust enrichment claims "for the reasons articulated by the district court."