This is a declaratory judgment action by which the Plaintiff, Salem-based CTS Wholesale, hopes to obtain the Court’s judgment that it is not liable for infringing two of Defendant’s federal trademark registrations. The Defendant, a California-based sunglasses producer, had previously filed a lawsuit in California which was dismissed on January 13 for lack of personal jurisdiction. Plaintiff filed this Complaint for Declaratory Judgment on the same day the California lawsuit was dismissed, presumably hoping for a “home court advantage.”
As general information, a “declaratory judgment” is a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages.
CTS Wholesale, LLC v. South Bay Trading, Inc.
Court Case Number: 6:14-cv-00069-AA
File Date: Monday, January 13, 2014
Plaintiff: CTS Wholesale, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: South Bay Trading, Inc.
Cause: Declaratory Judgment of Non-Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken
Plaintiff, Shardan International Marketing, is a Las Vegas-based corporation that holds registered copyrights in certain works of renowned visual artist Sharie Hatchett Bohlmann (image at right).
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Oregon Intellectual Property Blog 