Legal Opinion
Hershey Chocolate Corp. v. Hershey Beverage Corp.
District Court, N.D. New York
Decided December 29, 1954No. Civ. A. No. 5350PublishedCited by 3 opinions
1Opinion of the Court
FOLEY, District Judge.
The defendant. corporation, without reference in its notice of motion to a particular rule of Federal Rules of Civil Procedure, 28 U.S.C.A., moves to dismiss the complaint upon four stated grounds. The suit is one for alleged infringement of trade-marks and trade-names and for unfair competition.
On the question of jurisdiction, there is at least substantial basis for the assumption of jurisdiction under diversity of citizenship of the parties and the allegation of damage to good will involving a claimed amount far in excess of the sum of Three Thousand Dollars. 28 U.S.…
2Cases cited9 opinions
- Colby v. KluneCourt of Appeals for the Second Circuit · 1949
- Pagliero v. Wallace China Co., LimitedCourt of Appeals for the Ninth Circuit · 1952
- Stauffer v. ExleyCourt of Appeals for the Ninth Circuit · 1950
- Admiral Corp. v. Penco, Inc.Court of Appeals for the Second Circuit · 1953
- Chas. D. Briddell, Inc. v. Alglobe Trading Corp.Court of Appeals for the Second Circuit · 1952
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3Cited by3 opinions
- Tracerlab, Inc. v. Industrial Nucleonics CorporationCourt of Appeals for the First Circuit · 1963
- National Trailways Bus System v. Trailway Van Lines, Inc.District Court, E.D. New York · 1963
- Polaroid Corp. v. Polarad Electronics Corp.District Court, E.D. New York · 1959