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APEX BEAUTY PRODUCTS MFG. CORP. v. BROWN SHOE CO.

209 F.Supp. 73 (1962)

APEX BEAUTY PRODUCTS MANUFACTURING CORPORATION, d.b.a. Apex Beauty Products, Plaintiff, v. BROWN SHOE COMPANY, Inc., Defendant.

United States District Court S. D. New York.

September 17, 1962.

Attorney(s) appearing for the Case

Rosenman, Colin, Kaye, Petschek & Freund, New York City, for plaintiff, Andrew J. Schoen, New York City, Bartholomew Diggins, and Daniel W. Sixbey, Washington, D. C., of counsel.

Sullivan & Cromwell, New York City, Gravely, Lieder & Woodruff, St. Louis Mo., for defendant, Henry N. Ess, III, Peter R. Fisher, New York City, Richard G. Heywood, St. Louis, Mo., of counsel.

DAWSON, District Judge.

This is a motion brought on by the defendant Brown Shoe Company seeking to dismiss the complaint pursuant to Rule 12(b) (1) of the Federal Rules of Civil Procedure, 28 U.S.C. on the ground that this court lacks jurisdiction over the subject matter.

The action is one for declaratory judgment wherein plaintiff seeks (1) a determination that it has the right to use the unregistered trademark "Apex Naturalizer" in commerce on a hair preparation...

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