Arbitration

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7^th Circuit Court of Appeals

Case Name: Brickstructures, Inc., v. Coaster Dynamix, Inc.,

Case No.: 19-2187

Officials: EASTERBROOK, ROVNER, and SCUDDER, Circuit Judges.

Focus: Arbitration

Brickstructures, Inc. and Coaster Dynamix, Inc. joined forces to create a LEGO‐compatible roller coaster set. The venture later soured, and Brickstructures filed a lawsuit in federal court against its former partner. The two companies had signed an agreement that contained an arbitration provision. Coaster Dynamix invoked that provision in a second motion to dismiss. Brickstructures viewed the motion as untimely (indeed frivolous) and stated so in a letter that threatened sanctions if Coaster Dynamix did not withdraw its motion. The tactic worked, and Coaster Dynamix withdrew its arbitration demand. When Coaster Dynamix renewed the argument in a motion to compel arbitration, the district court denied the resurrected request on the ground that the earlier withdrawal amounted to a waiver of the right to arbitrate. We agree.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.