Riverbank Laboratories, a Corporation v. Hardwood Products Corporation, a Corporation

DUFFY, Chief Judge.

In this action plaintiff seeks an injunction restraining defendant from using the word “Riverbank”. At the oral argument before this Court, plaintiff’s counsel designated the action as one for unfair competition although such terminology does not appear anywhere in the complaint. Jurisdiction is based upon diversity of citizenship. Defendant moved to dismiss the action because of lack of proper venue; plaintiff moved for a temporary injunction. The District Court denied the motion to dismiss but granted the motion for a temporary injunction. Defendant appeals from the…