Michel & Pfeffer Iron Works, Inc. v. Ariston, Inc.

MANDELBAUM, District Judge.

Defendant moves to dismiss the complaint alleging that it fails to state a claim against defendant upon which relief may be granted and for lack of jurisdiction for failure to name the Commissioner of Patents as a necessary party to the action.

The suit is based upon R.S. § 4915, 35 U.S.C.A. § 63, pursuant to which plaintiff seeks an adjudication entitling it to register a composite trade-mark, and as part of the relief sought desires “an order and decree requesting the Commissioner of Patents to issue and register plaintiff’s said trade-mark.”

The mark plaintiff…