Andrew, an entrepreneur from State A, decides to sell BBQ sauce to the public, labelling it Best
Question:
Andrew, an entrepreneur from State A, decides to sell BBQ sauce to the public, labelling it "Best BBQ." Bar-B-Q Corp, a company incorporated in State B and headquartered in State C, sues Andrew in a federal court in State C. Bar-B-Q Corp's complaint seeks $50,000 in damages and an injunction, alleging that Andrew's use of the name "Best BBQ" infringes their federally-registered trademark. Andrew files an answer denying the allegations, and the parties begin discovery. Six months later, Andrew files a motion to dismiss for lack of subject matter jurisdiction.
Should the court grant Andrew's motion?
A. Yes, because although there is federal subject matter jurisdiction, the amount in controversy has not been satisfied.
B. Yes, because Bar-B-Q has asked for equitable relief in addition to damages.
C. No, because Bar-B-Q's claim arises under federal law.
- D. No, because too much time has passed.