· 1/25/1995
Trippe Manufacturing Company v. American Power Conversion Corporation
Citations
- 46 F.3d 624
- 33 U.S.P.Q. 2d (BNA) 1617
- 1995 U.S. App. LEXIS 1502
- 1995 WL 27665
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that no actual controversy existed because declaratory judgment defendant had not threatened trademark infringement suit and totality of circumstances did not reasonably suggest that suit was imminent
- holding that no actual controversy existed because declarato-iy judgment defendant had not threatened trademark infringement suit and totality of circumstances did not reasonably suggest that suit was imminent
- explaining that courts make actual controversy determinations based on “the facts existing at the time the complaint is filed.”
- stating that “apprehension [of suit] alone, if not inspired by defendant’s actions, does not give rise to an actual controversy”
- district court did not abuse discretion in dismissing first-filed declaratory judgment claim where the defendant filed a parallel trademark infringe- ment action
- district court did not abuse its discretion in dismissing a first-filed declaratory judgment claim where the defendant filed a parallel trademark infringement action
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Kanne, Skinner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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