Motion to dismiss an action under Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction, 12(b)(6) for a failure to state a claim, and, for good measure, 12(b)(3) for improper venue -- which, if you read the brief, you will see is not the usual venue argument at all (hint: the corporate plaintiff was formed the same day as the pleading was filed).
The lawsuit purports to be one for trademark infringement and the usual kitchen-sink nonsense along with it. This is just the tip of this iceberg...
The court granted our motion to dismiss on April 14, 2011. Regrettably there was no written opinion.
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Published In: Business Torts Updates, Civil Procedure Updates, Intellectual Property Updates
Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 10th Circuit, Utah | United States
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