WD Encore Software, LLC v. The Software MacKiev Company

Justia Dockets & Filings Second Circuit New York Western District WD Encore Software, LLC v. The Software MacKiev Company

WD Encore Software, LLC v. The Software MacKiev Company

Plaintiff:	WD Encore Software, LLC
Defendant:	The Software MacKiev Company
Case Number:	6:2015cv06566
Filed:	September 18, 2015
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Onondaga
Presiding Judge:	Michael A. Telesca
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1114
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 17, 2016	Filing 13 -CLERK TO FOLLOW UP- DECISION AND ORDER granting in part and denying in part 6 Motion to Dismiss as follows: (1) Defendants request to transfer venue of this action to the District of Massachusetts is granted. The Clerk of the Court is directed to take all necessary steps to transfer this matter; (2) Defendants request to dismiss the action under the doctrine of forum non conveniens is denied with prejudice; (3) Defendants request to dismiss the action for failure to join HMH as a necessary a nd indispensable party under Rule 19(a) is denied without prejudice with leave to renew in the transferee forum; and (4) Defendants request to dismiss the count of the Complaint alleging a violation of Section 32(1) of the Lanham Act on the basis tha t Plaintiff does not have standing is denied without prejudice with leave to renew in the transferee forum. (The Clerk of the Court is directed to take all necessary steps to transfer this matter to the District of Massachusetts and to close this case on this Court's docket.) Signed by Hon. Michael A. Telesca on 3/17/16. (JMC)

Date Filed

Document Text

March 17, 2016

Filing 13 -CLERK TO FOLLOW UP- DECISION AND ORDER granting in part and denying in part 6 Motion to Dismiss as follows: (1) Defendants request to transfer venue of this action to the District of Massachusetts is granted. The Clerk of the Court is directed to take all necessary steps to transfer this matter; (2) Defendants request to dismiss the action under the doctrine of forum non conveniens is denied with prejudice; (3) Defendants request to dismiss the action for failure to join HMH as a necessary a nd indispensable party under Rule 19(a) is denied without prejudice with leave to renew in the transferee forum; and (4) Defendants request to dismiss the count of the Complaint alleging a violation of Section 32(1) of the Lanham Act on the basis tha t Plaintiff does not have standing is denied without prejudice with leave to renew in the transferee forum. (The Clerk of the Court is directed to take all necessary steps to transfer this matter to the District of Massachusetts and to close this case on this Court's docket.) Signed by Hon. Michael A. Telesca on 3/17/16. (JMC)

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Plaintiff: WD Encore Software, LLC
Represented By:	Jerauld E. Brydges
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Defendant: The Software MacKiev Company
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