| In Caster Trademark Case
Venue Change Denied and Settlement Fails So
Pre Trial Conference
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
May 4 – Algood Casters sued
Caster Concepts alleging
infringement on its MAXX
trademark. Its president Craig
Guttmann complained of a
Caster Concept tweet "using
Plaintiff's tradement MAXX in
standalone fashion."
On August
19, U.S. District Court for
the Southern District of New
York Judge Lewis J. Liman held
a proceeding. Inner City Press
covered it, below.
On
September 3, Judge Liman again
convened the parties. He
denied the request to change
venue, then listened as the
lawyers spoke about their
clients' strong caster wheels.
How many grand pianos could
each kind carry? This will
perhaps come out at trial.
Judge Liman offered a Zoom
trial, saying he has one lined
up for September. One of the
lawyers said he's going to a
seminar about virtual trials.
Inner City Press will continue
to cover this case.
Back on
August 19 the defendant said
that tweet had been posted by
its outside publicity firm,
and had since been taken down.
After that, Judge
Liman declined to issue a
temporary restraining order.
He established a briefing
schedule and set a future
conference on September 3.
One of the
lawyers asked for more time,
noting a lack of electricity
and describing a Connecticut
suburb where people park near
the library to use the
Internet with iPads and
laptops. Tweeting trademarked
material, no doubt.
Then in
April 2021, the defendant
represented to the Court that
a settlement had been reached.
But on May 4,
when the parties called it, it
wasn't done. There was talk of
nuisance suits. Judge Liman
said he would not get involved
in the (failed) settlement
process. He set a pre trial
conference for July 8.
This case is
Algood Casters Limited v.
Caster Concepts, Inc.,
20-cv-4623 (Liman)
***
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