Ross Products, Inc. v. Newman

RYAN, District Judge.

On this motion to remand, the only substantial issue is presented by defendant, Premier Products’, contention that a claim founded solely on allegations of unfair competition is one arising under the Lanham Trade Mark Act, 15 U.S.C.A. §§ 1051-1127, and, therefore, within the jurisdiction of the federal courts, even absent diversity of citizenship.

That the law was precisely the opposite prior to the effective date of the Lanham Act cannot be disputed. Magic Foam Sales Corp. v. Mystic Foam Corp., 6 Cir. 1948, 167 F.2d 88. Indeed, the federal courts have long been…