Swarthmore Classics, Inc. v. Swarthmore Junior

RIFKIND, District Judge.

Plaintiff seeks a declaratory judgment that its use of its trademark, “Swarthmore Classics”, as applied to women’s blouses, does not infringe defendants’ United States trademark registration No. 403,345, “Swarthmore Junior” and that the latter trademark registration is invalid and void, and an injunction restraining defendants from claiming that their trademark is infringed by plaintiff’s use of its trademark as applied to women’s blouses. Jurisdiction is founded on diversity of citizenship.

Defendants seek dismissal of the complaint, and counterclaim for an injunction…