Scottie Lee

Aug 6, 2024 | lexology.com | Scottie Lee |Steven A. Scoggan |Thomas H. Segars |James Weiss

Most of the cases we write about are contested; two (or more) parties with conflicting views on the propriety of a section 75-1.1 claim present their arguments and let a Court decide who’s right. But what happens when the defending party doesn’t even show up? Does the plaintiff automatically prevail on a section 75-1.1 claim? The answer is “no.” And a recent decision from the United States District Court for the Western District of North Carolina, Citadel Brands v. Teespring, illustrates this point.