A New York apparel company seeking to re-register its lapsed trademark jumped the gun when it filed for a declaratory judgment against a competitor that opposed its application, a federal judge ruled.
Alfwear Inc., who owns the Kuhl trademark, moved to dismiss Kule LLC’s amended complaint in the US District Court for the Southern District of New York, saying it was improperly anticipatory. Alfwear had filed trademark infringement and federal and common law unfair competition claims in the US District Court for the District of Utah in June before its dismissal motion in the New York case.
In the Second ...
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