Tag Archives: Woodrow “Woody” Pollack

ILN Today Post

Do You Need To Threaten Litigation To Trigger Declaratory Judgment Subject Matter Jurisdiction?

Erbaviva, LLC, a California LLC, sent a demand letter to Era Organics, a Florida company.  The letter identified a number of Erbaviva federal trademark registrations, and “request[ed]” Era Organics:

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ILN Today Post

Does The Labor Day Holiday’s Mattress Sale Weekend Warrant a Temporary Restraining Order?

No.

The owner of the TEMPUR-PEDIC bedding brand (“Plaintiff”) has sued a number of defendants, including a former retailer as well as the owner of the THERAPEDIC bedding brand.  Through that lawsuit, Plaintiff seeks to enjoin sales of the THERAPEDIC bedding.

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ILN Today Post

Are fees recoverable automatically when you make a “good” offer of judgment?

Nope.  The party seeking fees pursuant to a rejected Rule 68 Offer of Judgment still has the burden of showing a proper offer was made, was served, and was not accepted.

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