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Palm Bay International, Inc. and Palm Wine Holdings, LLC., Plaintiffsv.The Winebow Group, LLC; Winebow, Inc.; Martin Scott Wines, Ltd.; and Consorzio Cooperative Riunite D’Abruzzo, Defendants

ORDERPlaintiffs Palm Bay International, Inc. (“Palm Bay”) and Palm Wine Holdings, LLC (“Palm Wine”) (collectively, “Plaintiffs”) commenced this action against defendant Consorzio Cooperative Riunite D’Abruzzo (“Citra” or “Defendant”) seeking declaratory and injunctive relief regarding the ownership and exclusive use of two trademarks, as well as the invalidation of another trademark. Defendant moves to dismiss the action on the ground that a forum selection clause requires any litigation to proceed in Italy. Plaintiffs respond that their claims are not subject to the forum selection clause. For the reasons stated below, Defendant’s motion to dismiss is denied.I. BACKROUNDCitra, an Italian corporation, is a consortium consisting of nine winegrowers’ associations hailing from the province of Chieti in the Abruzzo region of Italy. (D’Alleva Decl.

 
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