Intellectual property attorney, Darin M. Klemchuk obtains voluntary dismissal in trademark case in the Northern District of Texas.
November 11 , 2008
Cash Klemchuk Powers Taylor LLP is pleased to announce the voluntary dismissal earned by attorney Darin M. Klemchuk. On October 24, 2008, Mr. Klemchuk, obtained a voluntary dismissal by Santander Consumer USA, Inc. in response to the defendants' motion to dismiss the lawsuit for lack of personal jurisdiction and venue. One of the allegations was that the U.S. District Court for the Northern District of Texas, Dallas Division, had personal jurisdiction over the defendants due to their Internet websites. However, in response to the defendants' motion to dismiss, the plaintiffs agreed to voluntarily dismiss their lawsuit. “Under the Fifth Circuit Court of Appeals' decision in Mink v. AAAA Development LLC, it is difficult prove adequate personal jurisdiction where the defendant has a passive website,” commented trademark trial attorney, Darin M. Klemchuk. “On the other hand, a defendant that does business over the Internet by entering into contracts with residents of other states is likely to have created personal jurisdictions in those states in which the defendant has conducted business.”
Mr. Klemchuk, an intellectual property trial lawyer, focuses his practice on patent, trademark, copyright, trade secret and other intellectual property litigation and enforcement. In addition, Mr. Klemchuk has extensive experience representing clients in commercial and business disputes, particularly software development, trade-secret, and non-compete disputes. Recently named by D Magazine as one the “Best Lawyers in Dallas,” for the second year in a row, Mr. Klemchuk also focuses on intellectual-property licensing and technology agreements and serves as local counsel for out of state plaintiffs and defendants involved in patent, trademark, copyright, IP, and commercial litigation in the state and federal courts in Dallas, Texas. “It’s particularly gratifying to win this judgment representing our clients as local counsel,” noted Mr. Klemchuk.” “We aim to ensure that each client is fully and fairly represented in the Northern District of Texas.”
CKPT offers a broad range of services in addition to intellectual property including commercial litigation and business litigation as well as corporate counseling on mergers and acquisitions, private equity, and securities. Located in Dallas, Texas, CKPT supports a client base that ranges from individuals and startups to established companies. For more information on the intellectual property practice of CKPT, please visit www.ckptip.com. Additional information on our local counsel practice for IP cases is available at www.ckptip.com/localcounsel. Further information about Mr. Klemchuk's trademark practice may be found at www.ckptip.com/trademarks.
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