Louis Bergdoll Brewing Co. v. Bergdoll Brewing Co.
District Court, E.D. Pennsylvania
In Equity. Suit by the Eouis Bergdoll Brewing Company against the Bergdoll Brewing Company and others. On motion to dismiss the bill.
1Opinion of the Court
DICKINSON, District Judge.
The question raised here is one of pleading. The pertinent pleading facts, as they negatively and affirmatively are found in the record, are these :
There is no averment of diverse citizenship. The jurisdiction of the court is based upon the averment that the case arises under the laws of the United States, to wit, the fourth proviso of section 5 of the act of Congress of February 20, 1905, relating to trade-marks. Comp. St. 1913,- § 9490. The injury complained of is an infringement of the trade-mark rights of the plaintiff acquired under that act. The only interstate…
2Cases cited7 opinions
- United States v. SteffensSupreme Court of the United States · 1879
- Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
- Ryder v. HoltSupreme Court of the United States · 1888
- Rossmann v. GarnierCourt of Appeals for the Eighth Circuit · 1914
- Bernstein v. DanwitzU.S. Circuit Court for the District of Southern New York · 1911
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3Cited by3 opinions
- Youngs Rubber Corporation v. CI Lee & Co.Court of Appeals for the Second Circuit · 1930
- Coca-Cola Co. v. Old Dominion Beverage Corp.Court of Appeals for the Fourth Circuit · 1921
- Fred Benioff Co. v. BenioffDistrict Court, N.D. California · 1944