It is well settled that a declaratory judgment action cannot be used as a substitute for the prosecution of an appeal or a motion for new trial in the trial court. Clark v. Memolo, 85 U.S.App.D.C. 65, 174 F.2d 978 (1949); United States ex rel. Bennett v. Illinois, 356 F.2d 878 (7th Cir. 1966); Bliss v. Shore, 279 F. Supp. 646 (W.D.Pa. 1968). This is especially true in a situation where an attempt is made to substitute the federal declaratory judgment action for the normal pattern of review in a state court.
In such a matter therefore declaratory relief in the District Court should be withheld. Bliss v. Shore, W.D.Pa., decided February 6, 1968, 279 F. Supp. 646; Foti v. Immigration and Naturalization Service, 375 U.S. 217, 225, 84 S.Ct. 306, 11 L.Ed.2d 281 (1962); Fleischmann Distilling Corp. v. Maier Brewing Co., 386 U.S. 714, 720, 87 S.Ct. 1404, 18 L.Ed.2d 475 (1967). Defendant persuasively contends that the last named case is a holding that the trademark act establishes such a comprehensive statutory scheme, which should not be disrupted by extraneous procedures except in a clear case (such as Simmonds, supra) where declaratory relief is required in the interest of justice.