The case of the day is SPM Thermo-Shield, Inc. v. SICC GmbH (M.D. Fla. 2016). The facts of the case were not reported. SPM tried to effect service on SICC, a German firm, and one of its principals, Waldemar Walczok, by personal service on Walczok when he was in Florida. A judge quashed that service on the grounds that SPM had lured Walczok into the jurisdiction. But SPM had made no effort to serve process via the Hague Service Convention. The defendants moved to dismiss.
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The case of the day is Armadillo Distribution Enterprises, Inc. v. Hai Yun Musical Instruments Manufacture Co. (M.D. Fla. 2015). Armadillo distributes musical instruments to dealers in the US and abroad. In particular, it distributes the ddrum® “Diablo” line of drum kits. It had a contract with Hai Yun, a Chinese company, to manufacture the drum kits and deliver them to Armadillo’s offices in Tampa.
In 2010, Armadillo placed an order with Hai Yun for a thousand drum kits. As the contract provided, Hai Yun manufactured some samples for Armadillo, which Armadillo inspected and approved. Hai Yun then manufactured and delivered the thousand instruments, and Armadillo began distributing them to retailers. But the retailers complained that many customers were returning the drums, and when Armadillo investigated the drums remaining at its offices, it claims it found that the drums “were catastrophically defective at an alarming rate.” Armadillo says it had to cease distribution of the drums, and indeed, it had to retire the “Diablo” line of drums altogether, due to the loss of goodwill.
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The case of the day is Sobek Therapeutics, LLC v. SVADS Holdings SA (M.D. Fla. 2014). The dispute revolved around rights to the NUPRIN mark. NUPRIN had previously been a brand name for ibuprofin, an over-the-counter pain medicine. Sobek sued SVADS seeking a declaratory judgment of noninfringement of the mark. SVADS, a Swiss firm, moved to dismiss for insufficient service of process.
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