IT Firm Sees Trademark Escape, Breach of Contract Win Affirmed

An IT company convinced the Fourth Circuit to affirm a $2.3 million breach of contract verdict and that trademark claims against it were covered by a prior settlement.

The Ockers Co. intentionally inserted expansive language in its settlement of a lawsuit in South Carolina state court between it and Clear Touch Interactive Inc. out of concern of future trademark claims, the US Court of Appeals for the Fourth Circuit said.

Clear Touch sued in federal court just weeks after the state suit’s dismissal, but a South Carolina federal judge found the claims barred before a jury added a $1 million ...