APPELLATE COURT HANDS MOMENTOUS VICTORY TO TRIMAX OVER WICKFIRE | SIDNEY POWELL
The Fifth Circuit Court of Appeals issued a decisive ruling that TriMax Media committed
no legal violations against Wickfire, L.L.C., while recognizing a jury’s finding that
Wickfire intentionally interfered with TriMax’s business.
DALLAS – March 2, 2021
After seven years of litigation, TriMax has triumphed over Wickfire.
On February 26, 2021, an Appellate Court issued a paramount ruling that Wickfire lacked any
evidence to support its claims against TriMax. The decision was made in the United States Court
of Appeals for the Fifth Circuit, Case Number 17-3043040. The Appellate Court’s ruling
reversed all monetary damages previously awarded to Wickfire.
The lawsuit, originally before the Western District of Texas, Case No. 14-CV-34, centered
around Google AdWords Auctions, an online-auction platform where companies like TriMax
and Wickfire compete for advertising space. Wickfire asserted innumerable claims against
TriMax, but as to each one, Wickfire ultimately failed:
• Wickfire alleged TriMax intentionally interfered with Wickfire’s contracts, intentionally
interfered with Wickfire’s prospective business, and committed civil conspiracy. The
Appellate Court, however, disagreed fully, finding “Wickfire offered no such proof” and
declaring that each of these claims failed “as a matter of law.”
• Wickfire also alleged TriMax violated trademark law under the Lanham Act. The jury,
however, awarded Wickfire no damages on the claim. Furthermore, the Appellate Court
found Wickfire not to be the “prevailing party” on that claim, and in doing so, rejected
Wickfire’s improper attempt to seek attorneys’ fees under the trademark statute.
• Finally, Wickfire brought claims against TriMax for injury to business reputation,
business disparagement, defamation, unfair competition, and misappropriation. However,
Wickfire retracted each of those claims before the trial, and therefore, these claims did
not even reach the appellate level.
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