Legal Opinion

Z-Line Designs, Inc. v. Bell'O International LLC

District Court, N.D. California

Decided October 29, 2003No. C-03-03535 RMWPublishedCited by 19 opinions

1Opinion of the Court

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

WHYTE, District Judge.

Defendant Bell’O International LLC’s (“Bell’O”) motion to dismiss was heard on *664October 24, 2003. Declaratory Judgment plaintiff Z-Line Designs, Inc. (“Z-Line”) opposes the motion, and has moved to enjoin prosecution of the Bell’O’s second-filed action in New Jersey. For the reasons discussed below, the court grants defendant’s motion to dismiss.

II. Background

On June 23, 2003 defendant, through counsel Gregory Gewirtz (“defendant’s counsel”), sent a cease-and-desist letter (“June 23 letter”) to Z-Line alleging that two of…

2Cases cited14 opinions

  1. Kerotest Manufacturing Co. v. C-O-Two Fire Equipment Co.Supreme Court of the United States · 1952
  2. Factors Etc., Inc. And Boxcar Enterprises Inc. v. Pro Arts, Inc. And Stop and Shop Companies, Inc.Court of Appeals for the Second Circuit · 1978
  3. Alltrade, Inc. v. Uniweld Products, Inc.Court of Appeals for the Ninth Circuit · 1991
  4. Pacesetter Systems, Inc. v. Medtronic, Inc. And Med Rel Inc.Court of Appeals for the Ninth Circuit · 1982
  5. Church of Scientology of California, a Nonprofit Corporation, Plaintiff v. United States Department of the Army: Howard H. Callaway, Secretary of the Army U. S. Intelligence Agency Major Aaron, Assistant Chief of Staff for Army Intelligence, Church of Scientology of California, a Nonprofit Corporation, Plaintiff v. United States Department of Defense Office of the Secretary of Defense James R. Schlesinger, Secretary of the Department of Defense United States Department of the Navy J. Wm. Middendorf Ii, Secretary of the Navy Naval Intelligence Command: Rear Admiral E. F. Rectanus, Director of Naval Intelligence, DefendantsCourt of Appeals for the Ninth Circuit · 1980

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3Cited by19 opinions

  1. Barnes & Noble, Inc. v. LSI CORP.District Court, N.D. California · 2011
  2. Inherent. Com v. Martindale-HubbellDistrict Court, N.D. California · 2006
  3. FMC Corp. v. AMVAC Chemical Corp.District Court, E.D. Pennsylvania · 2005
  4. Burlington Insurance Company v. Panacorp, Inc.District Court, D. Hawaii · 2010
  5. Xoxide, Inc. v. Ford Motor Co.District Court, C.D. California · 2006

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