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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