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Tower Prods. Inc. v. Laird Enters. Inc.

Declaratory Judgment Action Dismissed as Inappropriately Sought; Forum Shopping Noted

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION   Tower Products Inc. and Mark Braunstein (collectively, “Plaintiffs”) filed this diversity action against Laird Enterprises Inc., formerly known as Laird Telemedia Inc. Dkt. No. 1 (“Complaint”). Plaintiffs have been accused of fraudulently inducing Defendant into signing an amendment to the parties’ Trademark Purchase and Sale Agreement (“TPSA”). Id. Plaintiffs seek a declaratory judgment that the amendment to the TPSA (“Amended TPSA”) is valid and was not procured by fraud. Id. Now before the Court is Plaintiffs’ motion for default judgment. Dkt. No. 11-1 (“Default Motion”). For the reasons that follow, the Court denies the Default Motion and declines to exercise jurisdiction over this action. II. BACKGROUND In December 1999, the parties entered into the TPSA to sell, transfer, and assign to Plaintiffs all rights, title, and interest in Defendant’s trademarks. Compl. 14. Pursuant to the TPSA, Plaintiffs agreed to pay semi-annual royalty fees to Defendant. Id. 15. In February 2010, the parties signed the Amended TPSA, which omitted the royalty payment clause and instead stated that Plaintiffs would pay Defendant $5,000 as a final payment with respect to all past and future royalties. Id.

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