That is US specific litigation, I see no reason it would hold things up in the rest of the world.
Given the OP pontificating if this is what may push the schedule for NA, specifically, no one inferred this has anything to do with the batch and hold nonsense elsewhere.
www.theineosforum.com
I have a PACER subscription. The last docket entry dates from January 2022 and relates to the motion to dismiss filed by JLR. That motion remains pending, i.e., the court hasn't ruled on it yet. There is no deadline for the court to issue a ruling, however, on September 30 and March 31 of each year, federal courts must report all motions that have been pending longer than six months. Often, judges issue long-overdue rulings in the days before those reporting dates, which is why I wondered whether we would see a ruling this week.
That's right--rather than wait to be sued by JLR, Ineos initiated a declaratory judgment action and, in a nutshell, the company has asked the court for an opinion and judgment that the design of the Grenadier does not infringe JLR's trade dress rights in the United States. (Trade dress is the visual aspect of trademark law.) In response, JLR filed a motion to dismiss the lawsuit, arguing that the court does not have jurisdiction (read: authority) over JLR or the dispute. So when the court rules on the motion, the decision won't be on the merits (i.e., whether the Grenadier infringes) but rather solely on the question of jurisdiction. Assuming the case isn't dismissed, a ruling on the merits likely would not follow for another couples years. Of course, the parties could negotiate a settlement at any time. The complaint is attached for anyone interested.
Thanks for the recap. I started reading the brief you attached and remember why I never wanted to be a lawyer!
I see there's been *some* movement in recent days. Are you still following this? Can you attach the latest filings?
www.pacermonitor.com
The only filing of note is the Court's 4/24 order denying JLR's motion to dismiss and permitting limited discovery into whether JLR NA (the U.S. subsidiary) is the corporate alter ego of JLR Limited (the UK parent company) for purposes of establishing the Court's personal jurisdiction over JLR Limited. The subsequent filings relate to the timing and scope of such discovery, not the substantive issues in the case. Under the current case schedule, jurisdictional discovery will continue through the summer and JLR NA likely won't file a renewed motion to dismiss until September or October.
Aug. 4 was the deadline for JLR to produce certain documents to IA (related to jurisdictional discovery--see post #11 above). Those documents do not get filed with the court and are not publicly available. There has been no activity on the case docket since July 17; nothing was filed on August 28.
