DUNN COMPUTER CORP. v. LOUDCLOUD, INC.

No. CIV. A. 00-1793-A.

133 F.Supp.2d 823 (2001)

DUNN COMPUTER CORPORATION, d/b/a STEELCLOUD, Plaintiff, v. LOUDCLOUD, INC., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

January 10, 2001.


Attorney(s) appearing for the Case

Christopher M. Collins, Christopher M. Collins, P.C., McLean, VA, for Plaintiff.

Kara Marie Sacilotto, Perkins Coie, Washington, DC, for Defendant.


MEMORANDUM OPINION

ELLIS, District Judge.

This trademark action, which includes two claims for declaratory judgment and one claim for trademark misuse, was brought by plaintiff solely on the basis of having received a single cease-and-desist letter that did not include an explicit threat to sue. At issue on defendant's threshold dismissal motion are the following questions:

(i) whether a declaratory...

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