Case 1:05-cv-00892-JJF Document 1 Filed 12/28/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
P OR THE DISTRICT OE DELAWARE
CROWN PACKAGING )
TECHNOLOGY, TNC. )
PIEIHUBZ g can Action N0.
ALBERMARLE CORPORATION )
NOTICE OF REMOVAL OF CIVIL ACTION TO THE UNITED
STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
TO: Peter C. Hughes, Esq.
Diiworth Paxson LLP
First Federal Piaza
Wilmington., DE 19801
PLEASE TAKE NOTICE that pursuant to 28 U.S.C. §§ 1.441. and 1446,
Defendant Aibermarie Corporation ("Aibermarle") by and through counsel, hereby give notice of
the removal of the abovecaptioned action to this Court from the Court of Chancery of the State
of Delaware in and for New Castle County. In support; of this removai (the "Notice of
Reinoval"), Albemiarle state the following;
l. On or about November Il, 2005, Plaintiff Crown Packaging Technology,
Inc. ("Crown"), tiled a cornpiaint seeking damages and equitable relief (the "Complaint") against
Aiberniarie in the Court of Chancery of the State of Delaware in and for New Castle County. A
copy ofthe Complaint and a summons issued to Albermarle were served on Scott LaSca.la of The
Corporation Trust Company, the registered agent for Albermarie Corporation, on November 28,
Case 1:05-cv-00892-JJF Document 1 Filed 12/28/2005 Page 2 of 3
2. Without conceding the veracity of any of the Complaints allegations or
whether the Complaint in fact states a claim on which relief may be granted, the Complaint
purports to state a cause of action under the federal Trademark Act of l946 (the "Lanham Act"),
15 U.S.C. §lO5l et seq. Specifically, Court IV of the Complaint, entitled “Trademarl<
infringement Under Section 32 of the Lanham Act, l5 U.S.C. § lll4," alleges that Albermarle
is using "CROW`N—related marks in interstate com.merce” and such use is confusingly similar to
Crown’s use of its registered CROWN mark. See Exhibit A, Complaint at l2—l3. Count V of
the Complaint, entitled. "Dilution Under Section 45 of the Lanham Act, 15 U.S.C. § ll25,”
alleges that All;>ermarle’s alleged use of CROWN-related marks is diluting the "distinctivc
quality of Crowrfs CROWNIC marl<;s" in violation of Section 43 ofthe Lanham Act. See Exhibit
A, Complaint at l4—l5.
3. Because this civil action, among other things, purports to state a cause of
action under the Lanham Act, this Court has "original jurisdiction founded on a claim or right
arising under the . . . laws ofthe United States" and this matter is therefore "removable without
regard to the citizenship or residence ofthe parties." See 28 U.S.C. § l44l (b).
4. Crown also alleges various state law claims that are based on Albermarlc’s
alleged use of Crown—related marks. These state law claims are joined in the same Complaint
with the removable Lanham Act claims; thus, pursuant to l5 U.S.C. t44l(c), the entire case can
be removed to this Court to determine all the pending issues. Moreover, because both the state
law claims and the removable Lanham Act claims are based on the same or similar alleged acts
or omission, judicial resources are conserved if all claims alleged in the Complaint are
detennined by the same Court at the same time.
Case 1:05-cv-00892-JJF Document 1 Filed 12/28/2005 Page 3 of 3
5. This Notice of Removal is timely because it is being tiled within thirty
(30) days of receipt ofthe Coniplaint by Aiherinarie.
6. Based on the t`oregoing, this entire case is removable to this Court, which
embraces the place where this action is currently pending in the Court of Chancery of the State
of Delaware in and for New Castle County.
7. Pursuant to 28 U.S.C. § 144601), attached to this Notice of Removal as
Exhibit A are copies of all process and pleadings served upon Defendant to date in this action.
8. Pursuant to 28 USC. § l446(d), Aibermarle is filing conteniporaneousiy
herewith a copy of this Notice of Removal with the Register in Chancery for the Court of
Chancery ofthe State of Delaware in and for New Castle County, giving notice of the removal of
this action to this Court.
WHEREFORE, Altaennarle respectfuliy gives notice ofthe removal of this action
to this Court.
Respectfuily submitted this the 28th day of December, 2005.
MORRIS, NICHOLS, ARSHT & TUNNELL
.·i= V -; all
Tho _ t "` . Grimm (#1098)
Jerr arris, Jr. (#4262)
1201 ‘· Market Street
OF COUNSEL P.O. Box l347
Wilmington, Delaware l 9899-1347
Judith Powell (302) 6583200
Kilpatrick Stockton LLP Attorneys for Defendant Alberniorle
li00 Peachtree Street Suite 2800 Corporation
Atlanta, Georgia 30309
Attorneys for Defencz'ontAIber2nr1r/e
December 28, 2005