Third Circuit Confirms That A Post-Verdict Rule 50(B) Motion Must Be Based On Grounds Specifically Advanced In A Pre-Verdict Rule 50(A) MotionOn January 6, 2022 by Schnader
Brandy S. Ringer published an article, “Third Circuit Confirms That A Post-Verdict Rule 50(B) Motion Must Be Based On Grounds Specifically Advanced In A Pre-Verdict Rule 50(A) Motion,” in On Appeal, the newsletter of the Third Circuit Bar Association.
In Kars 4 Kids, Inc. v. America Can!, 8 F.4th 209 (3d Cir. 2021), the Third Circuit reaffirmed its oft-held position that it is imperative for counsel, when drafting motions for judgment as a matter of law under Federal Rule of Civil Procedure 50, to identify and preserve, with specificity, all issues that potentially may be raised on appeal.
In this matter, two charities found themselves embroiled in a dispute relating to the use of similar trademarks. Kars 4 Kids, Inc. and America Can! Cars for Kids both sold donated vehicles to fund programs for children, and utilized similar marks – “KARS 4 KIDS” and “Cars for Kids” – for their advertising campaigns. Both parties filed lawsuits against each other, raising claims of trademark infringement, unfair competition, and trademark dilution.