Battle Creek Food Co. v. American Pharmaceutical Co.

FORMAN, District Judge.

Plaintiff, the Battle Creek Food Company, has filed a bill in equity against the American Pharmaceutical Company, Incorporated, for an infringement of its trademark “Laeto-Dextrin.” The bill alleges that the jurisdiction of this court depends upon the following facts:

“(a) This is a suit between citizens of different States wherein the sum or value in controversy exceeds, exclusive of interests and costs, the sum or value of three thousand dollars ($3,000.00).

“(b) This is a suit arising under the trade mark laws of the United States.”

The defendant answered, but…