Panaview Door and Window Co. v. Van Ness

HALL, District Judge.

The complaint after amendments, as it now stands on the Motion to Dismiss, is a complaint for damages for unfair competition. There is no diversity of citizenship alleged. 28 U.S.C. § 1332. There is neither trade-mark nor trade-name, either registered or unregistered, asserted; and neither a copyright nor a patent is involved. 15 U.S.C.A. §§ 1051-1127.

The sole jurisdictional peg upon which plaintiff hangs its hat is the claim that, absent all 6f the above-mentioned elements, the Lanham Act, 15 U.S.C.A. §§ 1051-1127, gives this court jurisdiction of unfair competition…