Missouri Federal Court Limits First-Filed Rule in Trademark Case

Law360, New York (November 11, 2004, 12:00 AM EST) -- A Missouri federal court has ruled that a plaintiff that did not respond to a cease and desist letter and instead filed a declaratory action in federal court cannot take advantage of the first-filed rule.

Traditionally, the "first-filed rule" provides that "the party who commenced the first suit should generally be the party to attain its choice of venue." However, the decision handed down on Tuesday of this week highlights the limited scope of this principle when litigation is anticipated.

The Missouri case centers on a...
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