May 25th, 2017

BHTT Entertainment v. Brickhouse Cafe & Lounge

Docket: 16-10687
Opinion Date: May 24, 2017
Judge: Jerry E. Smith
Areas of Law: Civil Procedure

Brickhouse appealed a default judgment in a trademark dispute between the parties. The court held that it had appellate jurisdiction in this case because a motion to recall the mandate and a motion to reopen the case have the same effect; the clerk had the power to recall the mandate here; and its order reopening the case did recall the mandate. The court rejected Brickhouse's claim that service of process was invalid; held that service was unremarkable in this case; and affirmed the default judgment.