STIRLING HOMEX CORPORATION, Plaintiff-Appellant, v. HOMASOTE COMPANY, Defendant-Appellee, 437 F.2d 87

Summary

Plaintiff filed a declaratory judgment action seeking a decree that its use of the word "Homex" in connection with prefabricated housing modules did not infringe defendant's trademark for masonry expansion joint fillers. The district court dismissed the complaint because plaintiff failed to allege that the district court had personal jurisdiction over defendant. Plaintiff appealed. The court reversed the dismissal and remanded the case because Fed. R. Civ. P. 8(a) did not require the complaint to set forth the grounds for personal jurisdiction and defendant subjected itself to the jurisdiction of New York courts under N.Y. C.P.L.R. 301.