Legal Opinion
Bullock v. Seaks, Roebuck & Co.
District Court, N.D. New York
Decided May 18, 1956No. Civ. No. 5232PublishedCited by 1 opinion
1Opinion of the Court
BRENNAN, Chief Judge.
The Court’s jurisdiction to entertain a cause of action for unfair competition, joined in the same complaint with an action for patent infringement, is challenged by this motion.
This is a civil action and the jurisdiction of the Court is based upon the patent laws of the United States and the provisions of Title 28 U.S.C.A. § 1338, pars, (a) and (b).
The complaint is in a single count but states two separate but co-mingled claims, (a) A claim against the defendant for the infringement of four patents, (b) A claim against the defendant for unfair competition. Preliminary…
2Cases cited21 opinions
- Hurn v. OurslerSupreme Court of the United States · 1933
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- L'Aiglon Apparel, Inc. v. Lana Lobell, Inc.Court of Appeals for the Third Circuit · 1954
- Stauffer v. ExleyCourt of Appeals for the Ninth Circuit · 1950
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3Cited by1 opinion
- John P. O'Brien v. Westinghouse Electric CorporationCourt of Appeals for the Third Circuit · 1961