FOLLOW US

Mon

August 3, 2026

America April 14, 2025 3 mins read

Ninth Circuit Revives AirDoctor’s $2.5M Damages Bid in Trademark Default Case

America ı By Rochdi Rais

0 Comments

AirDoctor-Review

CALIFORNIA — The Ninth Circuit Court of Appeals has reinstated AirDoctor’s request for $2.5 million in damages against a competitor who sold counterfeit air filters using its trademarks, ruling Friday that a default judgment does not require the plaintiff to name a specific damages amount in the initial complaint to seek actual damages.

The published 13-page opinion reverses a 2023 ruling by U.S. District Judge George H. Wu, who had denied AirDoctor’s damages request after Xiamen Qichuang Trade Co. Ltd. failed to appear in the case. The default judgment came after AirDoctor accused the Chinese firm of trademark infringement, unfair competition, and false advertising under the Lanham Act and California state law.

The AirDoctor trademark default judgment dispute centers on copycat filters that Xiamen allegedly sold on Amazon between December 2021 and June 2022, advertising them as compatible with AirDoctor purifiers and misusing the marks "AIRDOCTOR" and "ULTRAHEPA". More than 43,000 units were sold, according to the complaint.

Judgment Reinstated Despite No Fixed Dollar Figure

AirDoctor originally sought various types of damages “to be proven at trial,” without listing a specific figure. The company later requested $2.5 million in actual damages and $50,000 in attorney fees following the default judgment. Judge Wu rejected the request, citing Rule 54(c) of the Federal Rules of Civil Procedure, which prohibits default judgments from exceeding the scope of what was demanded in the pleadings.

But the Ninth Circuit held that AirDoctor’s damage claim was valid, as it clearly requested actual damages in its complaint — even if the precise figure was deferred until trial.

“Rule 54(c) does not prohibit awarding actual damages under these circumstances,” the court wrote. “Plaintiff's request for actual damages in its motion for default judgment is consistent with its request in the complaint.”

Citing Precedent: Henry v. Sneiders

The panel referenced the 1974 Ninth Circuit ruling in Henry v. Sneiders, where the court upheld a similar award despite no specific damages being listed in the pleadings. In that case, the plaintiff sought additional damages for breach of contract “to be proved at trial,” and the award of over $235,000 was permitted.

The court applied the same logic to AirDoctor’s complaint. “Omitting a numerical damages demand but requesting an amount to be determined at trial… is not equivalent to demanding zero dollars,” wrote Judge Matthew Kennelly in a concurring opinion.

Concurring Opinion Reinforces Flexibility Under Rule 54(c)

Judge Kennelly emphasized that plaintiffs are not obligated to specify an exact amount of damages in their pleadings and that doing so is not required under Rule 54(c). Instead, he said plaintiffs may seek “an appropriate amount” to be later determined by the court based on evidence.

He added that the “appropriate procedural step” is to present the court with the requested amount and supporting documentation so that a proper award can be assessed.

Case Background and Next Steps

Xiamen never filed a response in the case, prompting the initial default. Now, the Ninth Circuit’s reversal means AirDoctor’s damages and fees request will return to the district court for reconsideration.

AirDoctor is represented by Peter Farnese of Farnese PC and Ashly E. Sands of Epstein Drangel LLP. Counsel for Xiamen Qichuang Trade Co. Ltd. was not listed in court filings, and representatives for both parties did not respond to requests for comment as of Friday.

The case is AirDoctor LLC v. Xiamen Qichuang Trade Co. Ltd, case number 24-215, in the U.S. Court of Appeals for the Ninth Circuit.

Previous Article

Meta Hit With $4B Class Action Over Facebook Ad Auction Overcharges

Read More
2760 Posts

Rochdi Rais

Rochdi Rais is the Fractional Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America August 01, 2026
Westinghouse Electric Files for IPO
By – Rihem Akkouche
America July 31, 2026
Kean University Hit With Class Claims Over Data Breach
By – Rihem Akkouche
America July 31, 2026
Space-Eyes to Go Public in $638 Million SPAC Merger
By – Rihem Akkouche
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America July 31, 2026
Alimentation Couche-Tard Inks $8.6B Deal For…

Alimentation Couche-Tard Inc. just made its boldest move yet, announcing…

By – Rihem Akkouche
America July 31, 2026
Netflix sued for $105M over stolen…

An unreleased World War II spy film starring Nicolas Cage…

By – Rihem Akkouche
America July 31, 2026
Sainsbury to Sell Argos for £120m…

Sainsbury’s has finally reached the finish line on something it’s…

By – Rihem Akkouche
High Profile Court Cases July 31, 2026
Colin Gray Gets 15 Years After…

Colin Gray received a 15-year prison sentence Thursday, far below…

By – Michallie Harrison
America July 31, 2026
Scouting America Jamboree Drops Diversity Spaces

The Scouting America diversity rollback has reached the organization’s National…

By – Michallie Harrison
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 30, 2026
Show Me the Money: Accuser in…

INSIDE THIS REPORT Aleksandra Vasilevna Mendoza is pushing Kick to…

By – Samuel Lopez
America July 30, 2026
Kohberger Gets New Taxpayer-Funded Lawyer as…

INSIDE THIS REPORT Kohberger has been appointed counsel for post-conviction…

By – Samuel Lopez
America July 30, 2026
Milwaukee Lawyer Gets 21 Years After…

INSIDE THIS REPORT — A Milwaukee jury convicted attorney Robert L.…

By – Samuel Lopez
America July 30, 2026
AI-Assisted Pro Se Litigant Faces Off…

INSIDE THIS REPORT A pro se plaintiff using AI tools…

By – Samuel Lopez
America July 30, 2026
Insurer Moves to Block $10M Punitive-Damages…

INSIDE THIS REPORT Twin City Fire Insurance seeks a ruling…

By – Samuel Lopez
America July 30, 2026
Disney and James Cameron Move to…

INSIDE THIS REPORT Disney says Neytiri was modeled on Zoe…

By – Samuel Lopez
America July 30, 2026
Amish Community Murder: Ohio Man Pleads…

An Amish Community murder case which stunned Ohio has ended…

By – Jackie Allen
America July 30, 2026
E. Jean Carroll Case: Trump Asks…

President Donald Trump has asked the U.S. Supreme Court to…

By – Jackie Allen
America July 29, 2026
Netflix Releases The Idaho Murders: College…

BOISE, Idaho — The Idaho Murders: College Nightmare is a…

By – Jackie Allen
America July 28, 2026
Lindsey Graham Remembered by Trump as…

 WASHINGTON — President Donald Trump remembered Lindsey Graham as a…

By – Jackie Allen
America July 28, 2026
5 of the Best Free-to-Read Online…

Online Comic Books have changed the way readers discover superheroes,…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 26, 2026
Kacy Corso Pleads in the Stony…

Kacy Corso, 34, of East Setauket, pleaded guilty in July…

By – Jackie Allen
America July 26, 2026
Kaylee Hottle Dies at 18 After…

Kaylee Hottle, a rising deaf actress celebrated for her breakthrough…

By – Jackie Allen
America July 25, 2026
Human Trafficking Operation Nets 15 Arrests,…

SHELBY COUNTY, Ala. — A human trafficking operation in north…

By – Jackie Allen
America July 25, 2026
Lululemon Murder: Part II — Forensic…

Editor’s Note: This is Part II of an ongoing series…

By – Jackie Allen
America July 24, 2026
Lululemon Murder: Brutal Killing of Jayna…

More than 15 years after a young retail manager was…

By – Jackie Allen
America July 30, 2026
Disney and James Cameron Move to…

INSIDE THIS REPORT Disney says Neytiri was modeled on Zoe…

By – Samuel Lopez
America July 30, 2026
Defense Lawyers Warned: Use AI or…

INSIDE THIS REPORT Defense lawyers are being urged to adopt…

By – Samuel Lopez
America July 30, 2026
Could Diddy Still Cooperate? Federal Law…

INSIDE THIS REPORT A federal prison sentence does not necessarily…

By – Samuel Lopez
Entertainment July 29, 2026
Children of Blood and Bone Author…

Paramount Pictures is promoting the Children of Blood and Bone…

By – Michallie Harrison
America July 29, 2026
Grant Thornton To Buy CBIZ in…

In a move poised to redraw the map of the…

By – Rihem Akkouche
America July 29, 2026
Avi Loeb, Trump’s Handpicked UFO Chief,…

Inside This Report Avi Loeb once petitioned the United Nations…

By – Samuel Lopez
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
Health July 17, 2026
Taylor Farms Linked to Third Major…

Taco Bell became the public face of a massive Cyclospora…

By – Michallie Harrison
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 25, 2026
Adrien Broner Hit With Sexual Battery…

INSIDE THIS REPORT Havana Saint accuses Adrien Broner of sexual…

By – Samuel Lopez
Sports July 22, 2026
Why the Hungarian Grand Prix Never…

The lights go out and twenty-two Formula 1 cars explode…

By – Theresa Jardim
America July 21, 2026
Professional Boxer Killed in Texas Bicycle…

Hannah Rapp, a rising professional boxer who recently challenged for…

By – Jackie Allen
America July 20, 2026
Hannah Rapp Dies at 26 After…

 Hannah Rapp, a rising professional boxer who earned a shot…

By – Jackie Allen
America July 19, 2026
World Cup Thriller: England Outlasts France…

World Cup history gained another unforgettable chapter Saturday as England…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter