Thursday, January 19, 2017

We see you, Judge Ed Carnes. We see you!

He is having too much fun in this Kardashian case before the 11th Circuit.  The introduction:
Kimberly, Kourtney, and Khloe Kardashian appeal the district court’s denial of their motion to compel arbitration of Kroma Makeup, EU’s claims against them for cosmetics trademark infringement. At first blush, the issue appears to require application of Florida’s doctrine of equitable estoppel under which a party to an agreement who relies on it in a dispute with a non-party can be required by that non-party to comply with other terms of the agreement, including the arbitration clause. But there is a wrinkle in this case: the arbitration clause which the non-party to the agreement is seeking to enforce is explicitly limited to disputes between the parties. What then?
 And the conclusion:
Like makeup, Florida’s doctrine of equitable estoppel can only cover so much. It does not provide a non-signatory with a scalpel to re-sculpt what appears on the face of a contract. The district court correctly denied the Kardashians’ motion to compel Kroma EU to arbitrate the dispute between them.


Anonymous said...

Somebody please get DOM a nose wipe!

Anonymous said...

The "look at me" style of opinion writing is getting old.