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Published by Martin Schwimmer

SDNY: Demand Letters, Declaratory Actions and the First to File rule

By Marty Schwimmer on February 25, 2010
Posted in Decaratory Judgement

SDNY: Motion to transfer granted following ‘first to file’ rule. Discussion as to what extent a Declaratory Judgement filed in response to a demand letter will not be recognized as a first filing.
Decision Motion to Transfer First to File

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About the Author

Martin Schwimmer is a partner in Leason Ellis, an IP law boutique in White Plains, NY. His practice is concentrated in the area of U.S. and international trademark law and domain name counseling, prosecution and litigation.

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