Homewood Industries, Inc. v. Caldwell
Decision Date | 30 July 1973 |
Docket Number | No. 73 C 1175.,73 C 1175. |
Citation | 360 F. Supp. 1201 |
Parties | HOMEWOOD INDUSTRIES, INC., an Illinois corporation, Plaintiff, v. Thomas CALDWELL, Individually, and d/b/a Cabinetpak Kitchens and Carefree Kitchens, Inc., a corporation, Individually and d/b/a Cabinetpak Kitchens, Defendants. |
Court | U.S. District Court — Northern District of Illinois |
Stuart C. Wallace, Chicago, Ill., for plaintiff.
Mover & Harhen, Chicago, Ill., for defendant.
This cause comes on the defendants' motion to submit the cause to arbitration.
This is a civil action allegedly arising under the Patent and Trademark Laws of the United States for infringement of a United States Patent and a federally registered trademark and for unfair competition. Jurisdiction is conferred on this Court by 28 U.S.C. § 1338(a) and (b) and by 15 U.S.C. § 1121.
The plaintiff, Homewood Industries, Inc., is a corporation organized and existing under the laws of the State of Illinois, having its principal place of business and offices at Homewood, Illinois. The defendants, Thomas Caldwell and Carefree Kitchens, Inc., a corporation allegedly owned, operated and controlled by Thomas Caldwell, doing business as "Cabinetpak Kitchens", are citizens and residents of the State of Arizona, with offices and places of business in Arizona cities of Phoenix and Tucson.
The plaintiff in the complaint alleges, inter alia, the following facts:
The defendants, in support of their motion to submit the cause to arbitration, contend:
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