Trademark Owners Must Watch Out Post-MedImmune

Law360, New York (April 22, 2010, 12:36 PM EDT) -- Several recent decisions have applied the MedImmune standard for declaratory judgment jurisdiction to trademark controversies. These decisions demonstrate that trademark lawyers, like their colleagues in the patent field, will have difficulty avoiding exposure to a declaratory judgment action after making even the gentlest of initial approaches to a potential infringer.

The most recent of these cases applying the MedImmune rationale in the trademark context is Express Scripts Inc. v. Intel Corp., No. 4:09CV00796 ERW, 2010 U.S. Dist. LEXIS 18933 (E.D. Mo. Mar. 3, 2010). In this...
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