H-D Michigan, LLC v. Hellenic Duty Free Shops S.A.
694 F.3d 827
| 7th Cir. | 2012Background
- Consolidated appeals involve Harley-Davidson and Greek licensee DFS over injunctive relief in Wisconsin federal court.
- Harley-Davidson sought TRO, then a preliminary injunction, after alleging DFS breached the Harley-Davidson/Elmec license.
- DFS argues lack of Wisconsin personal jurisdiction and challenges to TRO/PI and to anti-suit injunctions.
- Elmec Sport S.A. merged into DFS; DFS later assumed Elmec’s rights and obligations under the license.
- Harley-Davidson sued in Wisconsin; DFS filed a parallel Greek action seeking injunctive relief conflicting with U.S. rulings.
- District court issued TRO, extended to permit Hague service, then entered PI and anti-suit injunctions; DFS appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wisconsin court had personal jurisdiction over DFS after merger | Harley-Davidson | DFS | Yes; merger activated Wisconsin jurisdiction under the agreement |
| Whether TRO/PI extensions complied with Rule 65 timing and detail | Harley-Davidson | DFS | TRO extensions valid; required adequate explanation for appealability was met |
| Whether the Greek action violated anti-suit injunction | Harley-Davidson | DFS | Yes; Greek action conflicted with U.S. orders and justified anti-suit injunction |
| Whether the merger clause and general anti-assignment clause were superseded by merger-specific provision | Harley-Davidson | DFS | No; merger provision controls; Elmec’s rights bound DFS; Wisconsin jurisdiction preserved |
| Whether DFS could defend in Greece while contesting personal jurisdiction in the U.S. | Harley-Davidson | DFS | DFS may defend in Greece to extent consistent with U.S. orders; district court affirmed anti-suit injunction with modifications |
Key Cases Cited
- Allendale Mut. Ins. Co. v. Bull Data Sys., Inc., 10 F.3d 425 (7th Cir. 1993) (mutual respect of sovereigns; comity and injunctive relief)
- Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers Local No. 70, 415 U.S. 423 (S. Ct. 1974) (TRO duration and extension rules; when extended, can become appealable injunction)
- Sampson v. Murray, 415 U.S. 61 (S. Ct. 1974) (28-day TRO limit; extensions impact appealability)
- Cincom Sys., Inc. v. Novelis Corp., 581 F.3d 431 (6th Cir. 2009) (merger vs. anti-assignment provisions interplays in license)
- PPG Indus., Inc. v. Guardian Indus. Corp., 597 F.2d 1090 (6th Cir. 1979) (non-assignability of licenses; merger context guidance)