Update on the Delusional Stouffer

[heiditandy]

Original Yahoo! HPFG Header:
No: HPFGUIDX C7694
From: heiditandy
Subject: Re: Update on the Delusional Stouffer
Reply To: [Yahoo! #7687] Update on the Delusional Stouffer
Date: 8/24/00 11:11 am  (ET)

Here's what I understand about the chronology:
1. Nancy Stouffer sent a cease & desist letter to either Scholastic or
Bloomsbury or JKR
2. Scholastic/JKR/Agents/Levine Press filed a suit in NY asking for a
judge to make a Declaratory Judgement that they were not infringing on
the alleged trademarks of Nancy Stouffer
3. Nancy Stouffer filed a suit for trademark infringement in Pennsylvania,
where, I believe, she lives
4. Nancy Stouffer filed a Motion To Dismiss the NY suit, claiming that
she had insufficient contacts with New York, and they couldn't haul her
into such a remote courtroom.
4. Judge Schwartz (who I believe is NYC) rejected the Motion to Dismiss,
which means that the case will be decided in NY, which, speaking as a
trademark attorney who *has* lititgated in New York in the past, is very
good for JKR, etc., because of some interesting cases which will make it
very hard for Ms Stouffer to show that she has a trademark in the term
MUGGLES or the characters of LILY POTTER and LARRY POTTER, etc., and
that there's likelihood of confusion between her marks and the JKR marks.
But I would LOVE to see pleadings from this case, just to satisfy my
lawyer mind, so if anyone has them, please let me know! I'd cheerfully
pay copying costs : )