Legal Opinion
Ritz Hotel, Ltd. v. Shen Manufacturing Co.
District Court, S.D. New York
Decided August 22, 2005No. 05 Civ.00182 MGCPublishedCited by 2 opinions
1Opinion of the Court
OPINION
CEDARBAUM, District Judge.
Plaintiff The Ritz Hotel, Limited (“Ritz Hotel”) seeks a declaratory judgment pursuant to 28 U.S.C. § 2201, et seq., that by its use of certain marks containing the word “RITZ” in connection with particular products, it has not violated the trademark rights of, or unfairly competed with, defendant Shen Manufacturing Company, Incorporated (“Shen”). Shen has moved to dismiss the complaint pursuant to Fed. R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction, or, alternatively, to transfer venue to the United States District Court for the Eastern District of…
2Cases cited14 opinions
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Arrowhead Industrial Water, Inc. v. Ecolochem, Inc.Court of Appeals for the Federal Circuit · 1988
- Filmline (Cross-Country) Productions, Inc. And Yellowbill Finance Limited v. United Artists CorporationCourt of Appeals for the Second Circuit · 1989
- Bp Chemicals Limited v. Union Carbide CorporationCourt of Appeals for the Federal Circuit · 1993
- EMC Corp. v. Norand Corp.Court of Appeals for the Federal Circuit · 1996
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3Cited by2 opinions
- Cosa Instrument Corporation v. Hobré Instruments BvDistrict Court, E.D. New York · 2010
- Beacher v. Estate of BeacherDistrict Court, E.D. New York · 2010