Mad Hatter, Inc. v. Mad Hatters Night Club Co.

MEMORANDUM OPINION

FEIKENS, District Judge.

Plaintiff, Mad Hatter, Inc., a Michigan corporation, has sued defendant, The Last Moving Picture Company, formerly known as Mad Hatters Night Club Company (hereinafter defendant Ohio) and Mad Hatters Night Club Company of Michigan, Inc. (hereinafter defendant Michigan). Plaintiff seeks a declaratory judgment that its trade name and service mark does not violate the rights of either defendant as to their trade name, trademark or service mark under any federal or state law.

Defendant Ohio has moved for dismissal on the ground that this court lacks…