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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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