Buzas Baseball, Inc. v. Board of Regents of UniversitySystem of Georgia

10th Circuit Court of Appeals189 F.3d 477(10th Cir. 1999)

Key Search Terms: jurisdiction, “first-to-file” trademark infringement,baseball, declaratory judgment, abuse of discretion

FactsBuzas Baseball operates a minor league Triple A baseball team, the Salt LakeBuzz. They have used their name and a bee logo since 1993. The GeorgiaInstitute of Technology uses a Yellow Jacket named “Buzz” as its mascot. Theuniversity obtained a trademark of the Yellow Jacket design in 1987 andregistered “Buzz” in 1988. Buzas commenced this action after deciding that itwould not discontinue use of the “Buzz”. Three weeks later, the university fileda trademark infringement action in Georgia federal district court. The districtcourt granted the university’s motion to dismiss.

IssueOn appeal the issue is whether the district court erred in determining thatBuzas was not entitled to application of the first-to-file rule and whether thedistrict court erred in declining to exercise jurisdiction over this action.

HoldingThe Tenth Circuit reviewed the district court’s decision to dismiss thedeclaratory judgment action using the abuse of discretion standard. The courtnoted that a district court may decline to follow the first-to-file rule and dismissa declaratory judgment action if that action was filed for the purpose ofanticipating a trial on the same issues in a court of co-ordinate jurisdiction.Affirmed.

Summarized By: Laura Brackey