DITTO, INC. v. VIVID, INC.

No. 4124.

32 F.2d 241 (1929)

DITTO, Inc., v. VIVID, Inc., et al.

Circuit Court of Appeals, Seventh Circuit.

April 17, 1929.


Attorney(s) appearing for the Case

George L. Wilkinson, of Chicago, Ill., for appellant.

Wm. O. Belt, of Chicago, Ill., for appellees.

Before ALSCHULER, PAGE, and ANDERSON, Circuit Judges.


PAGE, Circuit Judge.

It is urged that it was error to refuse a preliminary injunction.

Although this is an infringement suit, the real questions are: (a) Which of two contracts between plaintiff and defendant Flanigan covers the alleged infringing device; and (b) have defendants a license?

The first question is in issue in a suit between plaintiff and Flanigan, which was at issue nearly a year before this suit was commenced. If (a) is answered adversely...

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