AEM vs North Dakota – AEM Reply to EDA & Regional Opposing Injuction
Case 1:17-cv-00151-DLH-CSM
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
AEM Response to EDA and Regional Dealer Association Amicus Curiae Brief
Opposing the AEM Motion for Preliminary Injuction
AEM's Conclusion
As the Dealer Coalition’s own cases show, the Trademark License Impairment Provisions of S.B. 2289 are different in kind than any other law that has been the subject of a Lanham Act preemption challenge to date. Just as it violates the Manufacturers’ well-settled rights under the Contracts Clause and the Federal Arbitration Act, S.B. 2289 also irreconcilably conflicts with the Manufacturers’ rights and obligations under the Lanham Act to ensure that dealers using their trademarks provide goods and services under the same quality standards as dealers across the country are required to meet.