ROSS PRODUCTS v. NEWMAN


94 F.Supp. 566 (1950)

ROSS PRODUCTS, Inc., et al. v. NEWMAN et al.

United States District Court S. D. New York.

November 28, 1950.


Attorney(s) appearing for the Case

Minot & Zasloff, New York City, for plaintiffs.

Harry Price, New York City, for defendant Premier Products Co.


RYAN, District Judge.

On this motion to remand, the only substantial issue is presented by defendant, Premier Products', contention that a claim founded solely on allegations of unfair competition is one arising under the Lanham Trade Mark Act, 15 U.S.C.A. §§ 1051-1127, and, therefore, within the jurisdiction of the federal courts, even absent diversity of citizenship.

That the law was precisely the opposite prior to the effective date of the Lanham...

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