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CHARLES GREINER & CO. v. MARI-MED MFG.

No. 91-1192.

962 F.2d 1031 (1992)

CHARLES GREINER & CO., INC., d/b/a Philadelphia Cervical Collar Co., Plaintiff-Appellant, v. MARI-MED MFG., INC., William R. Burns, Paul W. Burns and Gary R. Burns, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 27, 1992.

Attorney(s) appearing for the Case

Philip Rodman, Rodman & Rodman, White Plains, N.Y., argued for plaintiff-appellant. With him on the brief was Harvey E. Bumgardner, Jr., New York City.

Steven Kreiss, Townsend, Snider & Banta, Washington, D.C., argued for defendants-appellees. With him on the brief was Herbert B. Barlow, Jr., Barlow & Barlow, Ltd., Cranston, R.I.

Before PLAGER, Circuit Judge, SMITH, Senior Circuit Judge, RADER, Circuit Judge.

RADER, Circuit Judge.

In 1989, Charles Greiner & Co. sued Mari-Med Manufacturing for infringement of U.S. Patent No. 3,756,226, for trademark infringement under 15 U.S.C. § 1114 (1988), and for unfair competition under 15 U.S.C. § 1125. Greiner's '226 patent covers a two-piece cervical collar or neck brace. Greiner has registered the mark PHILADELPHIA CERVICAL COLLAR.

After a six-day trial, the United States District Court for the District of...

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