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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.