Andrew, an entrepreneur from State A, decides to sell BBQ sauce to the public, labelling it "Best BBQ." Bar-B-Q Corp, a company incorporated in State B and headquartered in State C, sues Andrew in a federal court in State C. Bar-B-Q Corp's complaint seeks $50,000 in damages and an injunction, alleging that Andrew's use of the name "Best BBQ" infringes their federally-registered trademark. Andrew files an answer denying the allegations, and the parties begin discovery. Six months later, Andrew files a motion to dismiss for lack of subject matter jurisdiction.

Should the court grant Andrew's motion?

• A.

  Yes, because although there is federal subject matter jurisdiction, the amount in controversy has not been satisfied.

• B.

  Yes, because Bar-B-Q has asked for equitable relief in addition to damages.

• C.

  No, because Bar-B-Q's claim arises under federal law.

• D.

  No, because too much time has passed.