Hershey Foods Corp. v. Hershey Creamery Co‪.‬

BECKER, Circuit Judge This appeal is a tale of two courts. Appellant Hershey Creamery Company (""Hershey Creamery"") and appellee Hershey Foods Corporation (""Hershey Foods"") are locked in a struggle for the perceived advantage of litigating rights in the HERSHEY'S trademark in their preferred federal district courts. Both parties' predecessors began producing and marketing food products in Hershey, Pennsylvania, around the turn of the century; they have been feuding intermittently over the rights to the mark HERSHEY'S for seventy years. In 1967, in the previous round in the dispute, Hershey Creamery and Hershey Foods's predecessor, the Hershey Chocolate Company (""Hershey Chocolate""), settled, and, pursuant to the parties' agreement, the District Court for the Southern District of New York issued a consent judgment. In the current round, Hershey Foods filed suit in the District Court for the Middle District of Pennsylvania,1 at which point Hershey Creamery sought from the Southern District of New York an order construing and enforcing the 1967 consent judgment. At the behest of Hershey Foods, the Middle District of Pennsylvania enjoined Hershey Creamery from further proceedings in the Southern District of New York. Hershey Creamery has filed this interlocutory appeal from the Middle District of Pennsylvania's order.