Riker Danzig’s Intellectual Property team prevailed in federal court on April 23, 2024, when the Honorable Jessica Clarke, United States District Court Judge for the Southern District of New York, granted an injunction petition in aid of arbitration filed on behalf of our client, Forbes. The petition stemmed from a dispute between Forbes’ foreign licensor, Forbes IP (HK) Ltd., and a licensee, Media Business Generators, regarding the termination of a license agreement. In an attempt to prevent Forbes from terminating the license, Media Business Generators obtained an improper injunction in Mexico City. Judge Clarke called the Mexico injunction “vexatious,” noting that Media Business Generators had initiated the Mexican proceedings and obtained the injunction without Forbes’ knowledge or involvement. As the Mexico injunction was improper, Judge Clarke directed Media Business Generators to withdraw the injunction in Mexico. With this victory, Forbes can move forward with alternative dispute resolution to confirm the termination of the license.
Partner Wendi Opper Uzar was quoted in an April 23rd Law360 article, “Forbes Wins Bid To Nix Order In Mexican Distributor Fight,” on the decision. "We are pleased with the decision reached today by the Honorable Jessica Clarke in favor of Forbes, applying the well-established law of the Second Circuit enforcing forum selection clauses. Now that the Mexico injunction must be vacated, Forbes will be able to exercise its full rights under the agreement and in accordance with the laws of the state of New York. We look forward to resolving this matter promptly."
On the briefing for Forbes with Wendi was associate Corey L. LaBrutto.
Read the full Law360 article at Forbes Wins Bid to Nix Order in Mexican Distributor Fight.
