Torts — trade name infringement

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Wisconsin Court of Appeals

Civil

Torts — trade name infringement

This case stems from a dispute between Ted and Carolyn Ritter, d/b/a Ritter Enterprises, (Ritters) and Tony and Arlyce Farrow, d/b/a Farrow Enterprises, (Farrows) over use of the name “Bibs Resort.” A jury found that Farrows’ use of the name “Bibs Resort” constituted a trade name, and Ritters infringed on that trade name. The circuit court entered a judgment awarding Farrows compensatory damages and $25,000 in attorney fees.

On appeal, Ritters argue the circuit court erred by denying their motion to require joinder of Bibs Resort Condominium, Inc., (the Association) and the individual condominium unit owners. Similarly, the Association argues the court erroneously denied its motion to intervene. We agree that the court erred by denying the motions for joinder and intervention. We also agree with Ritters that Farrows were not entitled to recover attorney fees on their trade name claim. We therefore reverse the judgment in favor of Farrows and the order denying the motion for intervention, and we remand for further proceedings on Farrows’ trade name claim. This opinion will not be published.

2012AP781, 2013AP927 Ritter v. Farrow et al.

Dist III, Vilas County, Stenz, J., Per Curiam

Attorneys: For Appellant: Danner, John E., Minoqua; Idlas, Jacob Allan, Minoqua; For Respondent: Levine, Jonathan B., Milwaukee; Bazelon, Adam S., Milwaukee; Sullivan, Maureen, Milwaukee