MEMORANDUM OPINION AND ORDER
NAPOLI, District Judge.
The plaintiff, Homemakers, Inc., brought this action for a declaratory judgment that its trade-mark is duly registered and that the defendant has no right to have that mark cancelled and for an order restraining the defendant from prosecuting a cancellation proceeding in the United States Patent Office. The matter is before the Court on defendant's motion to dismiss for failure to allege an actual controversy...
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