Spiegelberg v. Collegiate Licensing Co.

MEMORANDUM AND ORDER

ATLAS, District Judge.

This is a trademark infringement case between plaintiff John Spiegelberg, d/b/a Red Raider Outfitter (“Plaintiff’), and defendant The Collegiate Licensing Company (“CLC”) involving marks owned by nonparty Texas Tech University (“TTU”). CLC is the licensing agent for TTU. Plaintiff sues CLC for a declaratory judgment that Plaintiff has not infringed, unfairly competed with, or diluted TTU’s trademarks.

This Court has before it CLC’s Motion to Dismiss, Transfer, or Stay (“CLC’s Motion”) [Doc. # 14] seeking alternatively dismissal of Plaintiffs claims…