TUBULAR HEATING & V. CO. v. MT. VERNON FURNACE & MFG. CO.

No. 2185.

2 F.2d 982 (1924)

TUBULAR HEATING & VENTILATING CO. v. MT. VERNON FURNACE & MFG. CO. et al.

District Court, E. D. Illinois.

December 4, 1924.


Attorney(s) appearing for the Case

Glennon, Cary, Walker & Murray, of Chicago, Ill., and Arthur E. Paige, of Philadelphia, Pa., for plaintiff.

Luke E. Hart, of St. Louis, Mo. (Hart & Hart, of St. Louis, Mo., on the brief), for defendants.


LINDLEY, District Judge (after stating the facts as above).

An injunction is not the appropriate remedy for past infringement of a trade-mark, and is to be used only for the prevention of further injury, when such injury is actually threatened. If a defendant has in good faith ceased infringement before suit brought, and the plaintiff has had full opportunity to learn of said action, and if the court is convinced that further infringement is not intended, or is not...

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