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§ 304(b)

In re Wuthrich

Ruling
A foreign trustee was denied an injunction to enjoin a patent office proceeding since that proceeding was to address the threshold question of the ownership of a trademark, which needed to be decided before considering the appropriateness of injunctive relief.
Procedural posture

This was a foreign proceeding. Debtors operated SwissAir, a world-wide commercial airline. Its operations included flights between Switzerland and the United States. Its trademark "SWISSAIR" was registered with the U.S. Patent & Trademark Office ("USPTO"). An entity purchased debtors' flight operations and commenced a case before the USPTO to cancel debtors'registration of the trademark. The trustee moved to enjoin the proceeding in the USPTO.

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opinion summary, case decided on January 24, 2006 , LexisNexis #0206-064