The Gillette Company v. "42" Products Ltd., Inc., D.B.A. Executive Toiletries, Ltd.

BARNES, Circuit Judge:

Appellant Gillette appeals from the denial of its motion to dismiss the appellee’s three causes of action for lack of subject matter jurisdiction. Because the trial court was of the opinion that this denial involved controlling questions of law as to which there are substantial grounds for differences of opinion and that an immediate appeal from its order might materially advance the ultimate termination of this litigation, the case was certified for appeal to this Court pursuant to 28 U.S.C. § 1292(b).

*1115The present dispute began in 1962 when “42” filed an application to…