Consolidated Cosmetics v. D-A Pub. Co., Inc.

LINDLEY, Circuit Judge.

Plaintiff, an Illinois corporation, instituted suit in the District Court, charging defendant, a New York corporation, with infringement, by the .publication of its magazine, “Taboo,” of plaintiff’s registered trade marks of “Tabu” and “Taboo.” After purported service of process, defendant moved to dismiss because of improper venue and to quash the service of process because of alleged insufficiency. The court allowed both motions, and from the resulting judgment, plaintiff prosecutes this appeal.

Both motions were decided upon affidavits submitted by the respective…