Dunn Computer Corp. v. Loudcloud, Inc.

MEMORANDUM OPINION

ELLIS, District Judge.

This trademark action, which includes two claims for declaratory judgment and one claim for trademark misuse, was brought by plaintiff solely on the basis of having received a single cease-and-desist letter that did not include an explicit threat to sue. At issue on defendant’s threshold dismissal motion are the following questions:(i) whether a declaratory judgment action based on a single cease-and-desist letter presents a justiciable case and controversy as required by Article III of the Constitution;(ii) whether the discretionary exercise of federal…