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STIRLING HOMEX CORPORATION v. HOMASOTE COMPANY

No. 384, Docket 35428.

437 F.2d 87 (1971)

STIRLING HOMEX CORPORATION, Plaintiff-Appellant, v. HOMASOTE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 25, 1971.

Attorney(s) appearing for the Case

William D. Hall, Washington, D. C. (John R. Garrity, Rochester, N. Y., on the brief), for plaintiff-appellant.

Frederick A. Zoda, Trenton, N. J. (Charles Shepard, Rochester, N. Y., on the brief), for defendant-appellee.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

PER CURIAM:

Stirling Homex Corp. sought a declaratory judgment in the District Court for the Western District of New York decreeing that its use of the word "Homex" in connection with prefabricated housing modules did not infringe the Homasote Company's trademark for masonry expansion joint fillers. The district court dismissed Stirling's complaint because it failed to allege that the district court had personal jurisdiction...

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