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Harve Benard Ltd. v. Rothschild

Action transferred to bankruptcy court where pending case may be affected by action's outcome.

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Judge Koeltl

HARV� BENARD LTD. v. ROTHSCHILD — The plaintiff, Harv� Benard, brings this action against the defendants, Nathan Rothschild (“Rothschild”), K.I.D. International, Inc. (“KID”), and Amazing Savings/JBS Liquidators, Inc. (“Amazing Savings”) alleging claims of trademark infringement in violation of Section 32(1) of the Lanham Act, 15 U.S.C. §1114(1); false designation of origin and other violations of Section 43(a) of the Lanham Act, 15 U.S.C. §1125(a); infringement of common law trademark rights; unfair competition; and violation of Section 360-1 of the New York General Business Law. Defendant KID filed a Notice of Petition for Removal asking the Court to remove the case from itself only to return the case to itself for reference to the Bankruptcy Court for the Southern District of New York. In response, plaintiff Harv� Benard moved the Court to strike the Notice of Petition for Removal or, in the alternative, to remand the action back to this same Court. KID then filed a cross-motion to transfer the case to the United States District Court for the District of New Jersey pursuant to 28 U.S.C. §1404(a) so that it can be referred to the Bankruptcy Court for the District of New Jersey where an allegedly related case concerning non-party D. Klein & Son, Inc. (“D. Klein & Son”) is now pending. All defendants join in that motion.

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