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COLLIS CO. v. CONSOLIDATED MACHINE TOOL CORPORATION

No. 8794.

41 F.2d 641 (1930)

COLLIS CO. v. CONSOLIDATED MACHINE TOOL CORPORATION OF AMERICA.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 29, 1930.

Attorney(s) appearing for the Case

Ephraim Banning, of Chicago, Ill. (John D. Rippey and Lawrence C. Kingsland, both of St. Louis, Mo. on the brief), for appellant.

Harold E. Stonebraker, of Rochester, N. Y., for appellee.

Before KENYON, BOOTH, and GARDNER, Circuit Judges.

GARDNER, Circuit Judge.

In this case the Consolidated Machine Tool Corporation, appellee, brought suit in equity against the Collis Company, appellant, to restrain that company from making use of the word "Magic" on or in connection with a tool known as a chuck. The parties will be referred to as they appeared in the lower court. The plaintiff alleged in its bill of complaint that its predecessor, Modern Tool Company, in 1901 adopted and applied the trade-name "Magic...

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