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Intellectual Property

Jun. 23, 2026

BMW seeks to block Zync's ITC trade secrets case despite 'mandatory laws' exception

A federal judge is weighing whether a Munich forum-selection clause bars startup Zync Inc. from pursuing a trade secrets complaint against BMW before the U.S. International Trade Commission. Zync argues that the ITC's authority to enforce federal trade laws cannot be contracted away and that the parties' agreement expressly preserves claims arising under "mandatory laws."

BMW seeks to block Zync's ITC trade secrets case despite 'mandatory laws' exception
Paul J. Watford of King & Spaulding LLP

A dispute over whether a German forum-selection clause can block a U.S. International Trade Commission investigation took center stage Monday as attorneys for startup vehicle entertainment system developer Zync Inc. urged a federal judge to reject BMW's request for an anti-suit injunction.

Before Senior U.S. District Judge Charles R. Breyer, the parties sparred over whether Zync's complaint before the ITC falls within the scope of a contractual provision requiring disputes...

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