Dime Group Int’l, Inc. v. Soyuz-Victan USA, LLC, No. 07 C 4178, 2008 WL 450825 (N.D. Ill. Feb. 13, 2008) (Darrah, J.).
Judge Darrah stayed plaintiff’s trademark infringement-related claims pending international arbitration in Russia pursuant to Ukranian law, as required by the parties’ liquor distribution agreement. Plaintiff argued that the arbitration clause was prohibitively expensive, but the Court held plaintiff’s proof was not sufficient. Plaintiff failed to show it was financially incapable of bearing the arbitration costs. All plaintiff offered was that it had a $13,000 operating loss in 2006. But, that was balanced by plaintiff’s $7 million in sales and good credit rating. Additionally, if plaintiff prevails, defendants would bear all arbitration costs.