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https://www.likelihoodofconfusion.com/not-every-trademark-dispute-is-declaratory-judgment-fodder/
John Welch discusses a District Court decision (which he and his [then-]firm, Foley Hoag, helped secure) dismissing a declaratory judgment action brought by one side in a trademark dispute, seeking a ruling of “non-infringement.” Declaratory judgments (or “DJ’s”) are useful device for resolving a simmering dispute, particularly for ...
https://www.ndtexblog.com/wp-content/uploads/2013/08/Provident.pdf
PLAINTIFF’S COMPLAINT FOR DECLARATORY JUDGMENT AND RELIEF PURSUANT TO 15 U.S.C. § 1125 Page 7 27. This is a declaratory judgment action under the Trademark Laws of the United States, 15 USC § 1051 et seq., the Lanham Act, 15 U.S.C. §1125, et seq. and the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.
https://www.vondranlegal.com/how-to-respond-to-a-copyright-or-trademark-bully-cease-and-desist-letter-by-filing-declaratory-relief
Go on the offensive by filing a declaratory Judgment action against a trademark or copyright bully. Posted by Steve Vondran Dec 02, 2015 ... could result in a finding that there was no controversy sufficient to support filing a declaratory judgment action to protect your trademark. ... Complaint for declaratory judgment in the SMASHBURGER case.
https://www.steptoe.com/images/content/1/0/v1/1066/1808.pdf
American Blind’s trademark) are not entitled to any such treatment, and that Google’s sale of keyword-triggered advertising does not violate the Lanham Act. CLAIMS FOR RELIEF CLAIM ONE (Declaratory Judgment of Non-infringement of Trademarks, 15 U.S.C. § 1051 et seq.) 19. Google incorporates by reference the allegations contained in ...
http://www.bluemaumau.org/sites/default/files/ICONCompkyed-36-0erged.pdf
its Complaint for Declaratory Judgment against Dairy Cheer Stores Inc. (“Dairy Cheer” or “Defendant”), alleges and states as follows: PRELIMINARY STATEMENT This is an action seeking a declaration that plaintiff Icon Burger’s use of its federally registered trademark SMASHBURGER, used in …
https://www.knobbe.com/sites/default/files/H%26M%20v%20Wildfox%20Couture%20NYSD%2017cv7956%20complaint%20_%20Exhibits%20A-D.pdf
This is an action under the Declaratory Judgment Act, 28 U.S.C. § 2201, et seq., for a declaratory judgement of non-infringement of Defendants’ WILDFOX trademark. Plaintiffs seek a declaration that their use of the term “Wildfox” as part of an ornamental design on a sweatshirt does not infringe Defendants’ rights in their WILDFOX ...
https://images.law.com/contrib/content/uploads/documents/403/41055/Apple-v.-Princeps-Interface.Apple-DJ-complaint.pdf
(Declaratory Judgment of Non-Infringement of U.S. Patent No. 6,703,963) 24. Apple repeats and realleges Paragraphs 1 through 23 of this Complaint. 25. Apple has not infringed and does not infringe at least claim 1 of the ‘963 Patent either directly, contributorily, or by inducement, literally or under the doctrine of equivalents, including
https://docs.justia.com/cases/federal/district-courts/illinois/ilndce/1:2011cv01400/253038/1
COMPLAINT FOR DECLARATORY JUDGMENT NOW COMES Plaintiff, Sentinel Insurance Company, Ltd. ("Sentinel"), and as its Complaint for Declaratory Judgment against Defendants Chicago Computer Club Corp., Xiadong Wang a/k/a Daniel Wang, and Microsoft Corporation, alleges, states, and avers: JURISDICTION AND VENUE 1. § 1332(a)(1). 2.
https://www.wired.com/images_blogs/threatlevel/files/fartdeclaratory.pdf
complaint for declaratory judgment Plaintiff, InfoMedia, Inc., by and through undersigned counsel, for its Complaint for Declaratory Judgment against Air-O-Matic Inc., states as follows:
https://docs.justia.com/cases/federal/district-courts/illinois/ilndce/1:2008cv00058/215842/34/
Franek v. Walmart Stores, Inc. et al Filing 34 ... ANSWER to COMPLAINT for declaratory judgment, affirmative defenses and COUNTERCLAIM filed by Clemens Franek against Jay Franco & Sons, Inc. (jmp, ). ... (Declaratory Judgment that Franek's Trademark Rights to United States Trademark Registration No. 1,502,261 are Invalid Because the Assignment ...
https://www.mintz.com/insights-center/viewpoints/2251/2012-12-how-do-you-or-dont-you-state-case-declaratory-judgment
Dec 05, 2012 · Well, based upon the case law to date in trademark declaratory judgment actions, it seems that simple objections to use and/or registration of a mark without any additional type of "immediate" and "real" justiciable controversy, asserted claim or threatened litigation beyond administrative opposition proceedings do not meet the threshold ...
http://www.kilpatricktownsend.com/~/media/Files/articles/2012/Landslide_v4n5_theodore_davis.ashx
declaratory judgment action because the conduct of the parties indicates there is a genuine issue in dispute over the scope of [the defendant’s] federally protected trademarks. Accordingly, this declaratory judgment action is proper and defendant’s motion to dismiss the complaint is denied.18
https://oregonintellectualproperty.com/tag/declaratory-judgment-of-non-infringement/
This trademark action sees Bob’s Red Mill Natural Foods, a popular producer of natural, certified organic, and gluten-free milled grain products, seeking a declaratory judgment of non-infringement of a “Certified Gluten-Free” certification mark owned by the Gluten Intolerance Group of North America.
https://www.iniplaw.org/category/declaratory-judgments/
Jan 16, 2020 · Indianapolis, Indiana – Attorneys for Plaintiff, Veridus Group, Inc. of Indianapolis, Indiana, filed suit in the Southern District of Indiana for a declaratory judgment against Defendant, Strategic IP Information Pte Ltd. (“SIP-IP”) of Irvine, California, that Veridus Group has not infringed SIP-IP’s rights in United States Trademark Registration No. 5,294,263 for the mark VERI-SITE.
https://www.bfvlaw.com/wp-content/uploads/2016/12/Weinrich-Declaratory-Judgment-Actions.pdf
Declaratory Judgment Actions: When are they Appropriate? by Neal F. Weinrich, Esq. Declaratory judgments are an important tool in litigation. They allow businesses or individuals to seek a court’s direction at the early stages of a controversy. When there is
https://indianaintellectualproperty.com/tag/declaratory-judgment/
Posts about Declaratory Judgment written by Kenan Farrell. Plaintiff, based in Indianapolis, Indiana, has used the ACCU-CHEK trademark in connection with medical instruments and apparatus related to blood-glucose monitoring and diabetes management and education since as early as 1981.
https://www.aclu.org/sites/default/files/pdfs/safefree/bierfeldtvnapolitano_complaint.pdf
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (Violation of Fourth Amendment Rights) 1. On March 29, 2009, Plaintiff Steven Bierfeldt was seized by Transportation Security Administration (“TSA”) officials, subjected to a harassing interrogation, and unlawfully detained.
https://oregonintellectualproperty.com/tag/declaratory-judgment/
According to the Complaint, the City of Portland’s attorneys contacted Vintage Roadside and asserted that their photograph violated the City’s trademark in the sign. Vintage Roadside filed a preemptive lawsuit, seeking a declaratory judgment, in the Multnomah County Circuit.
https://en.wikipedia.org/wiki/Declaratory_judgment
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
http://www.leasonellis.com/wp-content/uploads/2018/02/IP-Cease-and-Desist-Letter-Strategic-Considerations-Bright-Ideas-Article-01884805.pdf
merely filing a trademark opposition or cancellation in the USPTO is insufficient to create declaratory judgment jurisdiction where such acts only involve objections to registration and not to the right to use the mark.23 Indeed, the cases where no DJ jurisdiction is found generally have unusual facts or relate to letters asserting that a party is
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