General Pool Corporation v. Hallmark Pool Corporation
District Court, N.D. Illinois
1Opinion of the Court
OPINION AND ORDER
AUSTIN, District Judge.
This is a suit seeking an injunction and damages for alleged violations of Section 43(a) of the Lanham Trademark Act, 15 U.S.C. § 1125(a). 1 No basis for jurisdiction exists other than Section 39 of the Act, 15 U.S.C. § 1121, since diversity of citizenship among the parties is lacking. Both parties are engaged in interstate commerce. An earlier order of this Court denied plaintiff’s motion for a preliminary injunction. The motion presently before the Court is defendants’ motion to dismiss which, at the instance of the defendants and without objection by…
2Cases cited17 opinions
- Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
- Compco Corp. v. Day-Brite Lighting, Inc.Supreme Court of the United States · 1964
- L'Aiglon Apparel, Inc. v. Lana Lobell, Inc.Court of Appeals for the Third Circuit · 1954
- Joshua Meier Company, Inc. v. Albany Novelty Manufacturing Co.Court of Appeals for the Second Circuit · 1956
- Federal-Mogul-Bower Bearings, Inc. v. AzoffCourt of Appeals for the Sixth Circuit · 1963
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3Cited by19 opinions
- Co-Rect Products, Inc. v. Marvy! Advertising Photography, Inc.Court of Appeals for the Eighth Circuit · 1985
- Bernard Food Industries, Inc. v. The Dietene CompanyCourt of Appeals for the Seventh Circuit · 1969
- Exxon Corporation, Humble Oil & Refining Corporation, Humble Gas Transmission Co. And Humble, Inc. v. Humble Exploration Company, Inc.Court of Appeals for the Fifth Circuit · 1983
- Skil Corporation v. Rockwell International Corp.District Court, N.D. Illinois · 1974
- Geisel v. Poynter Products Inc.District Court, S.D. New York · 1968
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