United States Fourth Circuit

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Flying Pigs, LLC v. RRAJ Franchising, LLC, 13-2135

In an action to enforce, by foreclosure and judicial sale, an equitable lien against certain trademarks and associated goodwill now owned by defendant, which was originally filed in state court and removed to federal court, the district court's orders denying plaintiff's motion to remand to state court and granting defendant's motion to dismiss, are vacated and remanded, where: 1) the lawsuit is nothing more than an action to enforce the equitable lien; 2) it is unnecessary, therefore, for plaintiff to again prove its entitlement to the equitable lien it seeks to enforce; and thus, 3) plaintiff has not filed a complaint arising under the Lanham Act.

Appellate Information

  • Decided 07/01/2014
  • Published 07/01/2014

Judges

  • KING

Court

  • United States Fourth Circuit

Counsel

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