(United States Second Circuit) - Affirming the district court's determination that original York law allows for derivative litigation rights in a suit on Lanham Act claims and a motion for preliminary injunction under the first-filed rule,but vacating the dismissal of the complaint and injunction motion in favor of a first-filed Georgia action because the Georgia suit was transferred to original York, so the reasoning behind the first-filed ruling no longer pertains, or affirming the district court's award of costs,including attorney fees incurred in the Georgia state action.
Source: findlaw.com