Land O'Lakes Creameries, Inc. v. Oconomowoc Canning Co.

GRUBB, District Judge.

This is an action to cancel trade-mark registrations, for trade-mark infringement and unfair competition, and for other relief. Defendant has moved to dismiss the claim relating to cancellation of the trade-mark registrations on the grounds of lack of jurisdiction and failure to state a claim.

1. Lack of Jurisdiction

Defendant contends that plaintiff failed to commence this action within the time limits set by statute and regulations. The statute upon which jurisdiction rests in this case, § 146 of Title 35 U.S.C.A., pursuant to § 1071 of Title 15 U.S.C.A., requires that a…