Quincey Bioscience, LLC v. Ellishbooks

Ct. of Appeals granted plaintiff's motion for sanction under Fed. R. Pro. 38 based on plaintiff's contention that defendants' appellate court arguments that challenged Dist. Ct.'s entry of default judgment in plaintiff's Lanham Act claim were frivolous or destined to fail. Defendants' appellate arguments were contrary to well-established principles governing effect of default judgment and had virtually no likelihood of success. Also, defendants' appellate counsel failed to file complete jurisdictional statement and filed meritless motion to dismiss appeal asserting that appeal was "moot." Fact that defendants' counsel lacked experience in litigating federal appeals did not require different result.