P. Beiersdorf & Co., Inc. v. McGohey Judge

FRANK, Circuit Judge.

1. For purposes of this decision, the facts may be simply stated. Duke Laboratories, Inc., sued P. Beiersdorf & Co., Inc., in the State Court of Connecticut, asking a declaratory judgment that Duke had not infringed certain registered trademarks, that Duke owned these trade-marks although they had been issued to Beiers-dorf, and that a contract between the parties (relative to the manufacture and distribution of the articles under the trademarks) was either invalid or had been completely performed. While this suit was pending, some two months later Beiersdorf sued Duke,…