TRICO PRODUCTS CO. v. APCO-MOSSBERG CORPORATION

No. 2993.

34 F.2d 672 (1929)

TRICO PRODUCTS CO. v. APCO-MOSSBERG CORPORATION.

District Court, D. Massachusetts.

September 12, 1929.


Attorney(s) appearing for the Case

Barton A. Bean, Jr., and Harrison M. Brooks, both of Buffalo, N. Y., for plaintiff.

James R. Hodder, of Boston, Mass., for defendant.


MORTON, District Judge.

At the conclusion of the arguments I gave an oral decision on certain points, substantially as follows:

"The bill charges both infringement and unfair competition. As to the latter it was not referred to in argument, and I infer is in effect abandoned. It was clearly untenable. There is no evidence that the defendant's packages imitated those of the plaintiff. The mere fact that the defendant's wipers look like those of the plaintiff...

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