Legal Opinion
Elka Toy & Novelty Manufacturing Corp. v. Fisher-Price Toys, Inc.
District Court, S.D. New York
Decided December 27, 1955PublishedCited by 4 opinions
1Opinion of the Court
DAWSON, District Judge.
This motion raises the issue as to whether this Court has jurisdiction to consider an action for declaratory judgment involving the rights of the parties in an alleged common law trade-mark, not registered under the Federal trademark laws. There is no diversity of citizenship between the parties.
The motion is one brought under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint for lack of jurisdiction. The complaint alleges that there is a controversy between the parties, each of which is a toy manufacturer, in respect of…
2Cases cited6 opinions
- Kaplan v. Helenhart Novelty CorporationCourt of Appeals for the Second Circuit · 1950
- Wells v. Universal Pictures Co.Court of Appeals for the Second Circuit · 1948
- Magic Foam Sales Corp. v. Mystic Foam Corp.Court of Appeals for the Sixth Circuit · 1948
- Corning Glass Works v. PasmantierDistrict Court, S.D. New York · 1939
- Hunyadi Janos Corporation v. StoegerCourt of Appeals for the Second Circuit · 1925
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Royal Lace Paper Works, Inc. And E. B. Mott Company v. Pest-Guard Products, Inc.Court of Appeals for the Fifth Circuit · 1957
- M. & D. Simon Co. v. R. H. MacY & Co.District Court, S.D. New York · 1957
- Topp-Cola Company v. Coca-Cola CompanyDistrict Court, S.D. New York · 1960
- Sam S. Goldstein Industries, Inc. v. General Electric Co.District Court, S.D. New York · 1967