The New York Giants continue their momentum in federal court over a dispute with a memorabilia dealer. On July 11, a federal magistrate in New Jersey ruled that federal jurisdiction was appropriate for the case. The memorabilia dealer has been arguing that the case belonged in state court, but the Giants were able to convince the District Court that the case turned on federal trademark infringement issues.
According to the New Jersey Law Journal, memorabilia dealer Eric Inselberg is accused of passing off fake memorabilia as genuine New York Giants items. Inselberg allegedly distressed jerseys, particularly those of quarterback Eli Manning, to make them look like they were worn in games when they actually were brand new, and lied to federal agents about the misrepresentations. On his end, Inselberg claims that the Giants stole his marketing ideas, including his idea for a wireless marketing strategy called “Tapt-In” which allows fans to participate in in-stadium programs.
Inselberg had been arguing that the case belong in state court. The Giants successfully removed the case to federal court back in May. U.S. Magistrate Judge Mark Falk opined that, despite Inselberg’s contentions, the claims should be allowed to stand, and accordingly, federal jurisdiction was appropriate. Falk told the New Jersey Law Journal that, “litigants commonly plead claims they lack standing to bring. The plaintiff’s…claims may ultimately fail, but lack of standing does not deprive the federal court of jurisdiction until they do.”
As the New York Giants case illustrates, knowing how and when to remove a case to federal court can change the odds of winning. When your company is faced with potential intellectual property litigation, it is important to have an expert on your side—someone who understands both the business litigation side, and the intellectual property side.
When your business ventures require creative, proactive thinking, and analysis of complex issues, you can turn to James J. “Jim” Thomas II. Jim is ready to help Georgia businesses defend their business reputations and intellectual property rights with the latest business litigation tools. Jim has more than 35 years of courtroom experience in the Atlanta area, and can handle complex business litigation as well as analysis, evaluation, and resolution of existing and potential litigation. For a free consultation, email Jim, or give him a call at 404-869-5248, or go to http://www.litigationatlanta.com.