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Declaratory Judgments Lack of Jurisdiction

McDermott Will & Emery

Alleged Trademark Infringer Remains Hog-Tied after Appeal

The US Court of Appeals for the Tenth Circuit dismissed an appeal of a district court order denying a stay of a federal action for lack of jurisdiction under 28 U.S.C. § 1291 and reversed in part the district court’s grant of...more

Shutts & Bowen LLP

Do You Need To Threaten Litigation To Trigger Declaratory Judgment Subject Matter Jurisdiction?

Shutts & Bowen LLP on

No. Erbaviva, LLC, a California LLC, sent a demand letter to Era Organics, a Florida company. The letter identified a number of Erbaviva federal trademark registrations, and “request[ed]” Era Organics: 1. Request the...more

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