Litigation

Trademark Infringement Case Dismissed as Exception to First-Filed Rule

By H. William Allen et al.

The Western District of Missouri dismissed a declaratory action claiming no trademark infringement in Sustainable Community Development, LLC v. EMRO USA, Inc., 2008 WL 495603 (W.D. Mo. 2/20/08).

The parties have an interesting history. SCD filed suit in 2005, which the parties eventually settled. In August 2007, EMRO sent a cease and desist letter alleging trademark violations. Instead of responding, SCD filed this action in Missouri. One day after receiving service, EMRO filed suit in Texas and moved to dismiss this case. The court held that this lawsuit was a preemptive strike suit for declaratory relief. See Northwest Airlines, Inc. v. American Airlines, Inc., 989 F.2d 1002 (8th Cir. 1993). The court dismissed this case, and the parties' dispute will proceed in the Texas lawsuit.  

Full post as published by Arkansas Business Litigation Blog on March 20, 2008 (boomark / email).