Court Dismisses Trademark, Antitrust and Unfair Competition Case

Skadden won summary judgment in favor of Boardriders, Inc. and Oaktree Capital Group, LLC on common law claims for unfair competition and civil conspiracy that sought $1 billion in damages, all of the defendants’ profits since 2016 and injunctive relief. In his August 7 decision, Judge R. Gary Klausner of the U.S. District Court for the Central District of California agreed with Skadden that the plaintiff could not create a genuine issue of material fact on “any element of its claim for unfair competition” and granted the defendants’ motion. Because there was no evidence to support the plaintiff’s underlying unfair competition claim, the court granted summary judgment in favor of the defendants on the civil conspiracy claim as well.