Upjohn Co. v. Schwartz

SUGARMAN, District Judge.

The complaint herein seeks (a) an injunction against defendant restraining 41 alleged practices of trade mark infringement and/or unfair competition; (b) an accounting of profits and damages; (c) costs and (d) other appropriate relief.

The answer pleads denials, defenses and a counterclaim. The defendant timely demanded a jury trial of all issues.

Plaintiff now moves to strike the jury demand and transfer the case to the non-jury calendar. The issues, not the form of the case, determine the method of trial. 1

The complaint, praying injunctive relief against trade mark…