Tempco Electric Heater Corporation v. Omega Engineering, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a declaratory judgment “would serve no useful purpose” in light of a pending coercive suit
• holding that a declaratory judgment “would serve no useful purpose” because the right to a coercive remedy had accrued and defendant had filed a trademark infringement suit four days after the declaratory judgment action was filed
• finding that the “mere fact” that a plaintiff filed its action first “does not give it a ‘right’ to choose a forum”
• observing that declaratory judgment is available where party desires declaration of legal effect of proposed or past course of action
• declining to apply first-to-file rule where defendant filed declaratory judgment action in face of clear threat that plaintiff would sue
• declining to apply first-to-file rule when second case was filed four days later

Source: CourtListener parenthetical corpus (CC0).