We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Missouri Federal Court Limits First-Filed Rule in Trademark Case

Law360 (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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.