Legal Opinion
Genovese v. Skol Co.
District Court, S.D. New York
Decided March 8, 1945PublishedCited by 6 opinions
1Opinion of the Court
MANDELBAUM, District Judge.
The action is for unfair competition based on an alleged infringement of plaintiffs’ common law trade-mark. Since the trade-mark is not registered, jurisdiction is not conferred in this court under the *424trade-mark laws of the United States. Plaintiffs invoke the jurisdiction of the court solely on the ground of diversity of citizenship.
This is a motion by one of the defendants, Skol Company, Inc., to dismiss the action as against it on the ground that the court is without jurisdiction.
The complaint states that both of the plaintiffs and defendant, Skol Company, Inc.,…
2Cases cited2 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Thomas v. AndersonCourt of Appeals for the Eighth Circuit · 1915
3Cited by6 opinions
- National Maritime Union of America v. CurranDistrict Court, S.D. New York · 1949
- Fidelity & Casualty Co. of New York v. WilsonDistrict Court, E.D. South Carolina · 1952
- Gorham v. EdwardsDistrict Court, S.D. New York · 1958
- Magic Foam Sales Corp. v. Mystic Foam Corp.District Court, N.D. Ohio · 1947
- Molloy v. MountDistrict Court, D. Connecticut · 1947
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