CAYMAN JACK margarita-flavored malt beverage seeks declaration of non-infringement with JACK DANIELS.
Tag this as NY long arm jurisdiction file.
Plaintiff alleges that Defendants’ infringing actions include selling McPherson’s book, “DO Something: Make Your Life Count,” in New York, promoting McPherson’s book in New York and advertising and offering items for sale to New York residents via interactive websites. Plaintiff has made a prima facie showing that jurisdiction exists pursuant to § 302(a)(l).
Plaintiff wishes to withdraw its complaint post-discovery without prejudice, alleging that it learned in discovery that defendant has taken sufficient actions to avoid confusion. It moved for without prejudice dismissal in case defendant changes course. Defendant argues dismissal should be with prejudice; if defendant ‘changes course’ then plaintiff can bring a new claim on the new facts. Court dismisses without prejudice noting that to do otherwise would embroil the hypothetical new action in a ‘satellite litigation’ as to whether claims will be barred by issue or claim preclusion.
The re-born People Express alleges that defendant traffics in ITUs based on ‘abandoned’ brands. We’ve blogged about defendants before.
From a Verisign press release:
Through ICANN’s new gTLD application process, which we expect to close in May 2012, Verisign applied for 14 new gTLDs including 12 transliterations of .com and .net. In addition, applicants for approximately 220 new gTLDs selected Verisign to provide back-end registry services.
“Big Hy” — his handle among many loyal customers — would almost certainly be cast as Hollywood Enemy No. 1 but for a few details. He is actually Hyman Strachman, a 92-year-old, 5-foot-5 World War II veteran trying to stay busy after the death of his wife. And he has sent every one of his copied DVDs, almost 4,000 boxes of them to date, free to American soldiers in Iraq and Afghanistan.
Kickstarter’s DJ action against rival ‘crowd-sourcing’ firm upheld in view of totality of defendant’s inferred threats to sue under patent.