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Tenth Circuit: MedImmune declaratory judgment jurisdiction test applies in trademark cases

By McKee, Voorhees & Sease, P.L.C.

In a decision last week, the Tenth Circuit reversed a district court's decision that Article III jurisdiction did not exist over a declaratory judgment action in a trademark case.  At issue was whether a triable case or controversy within the meaning of Article III existed in declaratory judgment action regarding trademark infringement.  The district court, applying the Tenth Circuit's pre-MedImmune standard set forth in Cardtoons, L.C. v. Major League Baseball Players Ass&rsq read more

Full post as published by FileWrapper on July 18, 2008 (boomark / email).