MATHIEU v. MITCHELL VANCE CO.

No. 383.

7 F.2d 837 (1925)

MATHIEU v. MITCHELL VANCE CO., Inc.

Circuit Court of Appeals, Second Circuit.

June 8, 1925.


Attorney(s) appearing for the Case

Dodson & Roe, of New York City, for appellant.

Robert S. Blair, of New York City (Edward M. Evarts, of New York City, on the brief), for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

Since defendant had good right to terminate the license granted to it at any time, it had the right also to identify the Mathieu patent with its own trade-mark, and then throw the patent aside and take the risk of infringing under its favorably known trade-mark. There was no estoppel created by the fact that defendant was once an exclusive licensee; but the morals of the situation above depicted need no comment...

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