In a September 11, 2013 ruling, Judge Lorna G. Schofield granted plaintiff Admarketplace, Inc.'s motion for expedited discovery before the parties' Rule 26(f) conference to identify the citizenship and location of defendant Tee Support, Inc. Admarketplace asserted claims for defamation and trademark infringement against Tee Support, but was unable to learn sufficient details to effect service despite its diligence in trying to do so. Judge Schofield ruled that Admarketplace had made a prima facie case of trademark infringement (and defamation) . The Court concluded that "Plaintiff, who has a potentially meritorious claim and no ability to enforce it absent expedited discovery, has demonstrated good cause for expedited discovery upon the five parties identified in their motion."
for the Southern District of New York
Court Allows Expedited Discovery About Defendants' Identity in Trademark Action
In a September 11, 2013 ruling, Judge Lorna G. Schofield granted plaintiff Admarketplace, Inc.'s motion for expedited discovery before the parties' Rule 26(f) conference to identify the citizenship and location of defendant Tee Support, Inc. Admarketplace asserted claims for defamation and trademark infringement against Tee Support, but was unable to learn sufficient details to effect service despite its diligence in trying to do so. Judge Schofield ruled that Admarketplace had made a prima facie case of trademark infringement (and defamation) . The Court concluded that "Plaintiff, who has a potentially meritorious claim and no ability to enforce it absent expedited discovery, has demonstrated good cause for expedited discovery upon the five parties identified in their motion."
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