Stirling Homex Corporation v. Homasote Company

Stirling Homex Corp. sought a declaratory judgment in the District Court for the Western District of New York decreeing that its use of the word “Homex” in connection with prefabricated housing modules did not infringe the Homasote Company’s trademark for masonry expansion joint fillers. The district court dismissed Stirling’s complaint because it failed to allege that the district court had personal jurisdiction over the defendant. 1 Leave to file an amended complaint was denied, on the ground that Stirling could not “cure retroactively service that was defective when made.” We reverse.

Rule…