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IRONITE CO. v. GUARANTEE WATERPROOFING CO.

No. 1238.

52 F.2d 288 (1931)

IRONITE CO. et al. v. GUARANTEE WATERPROOFING CO. et al.

District Court, W. D. Missouri, W. D.

September 3, 1931.

Attorney(s) appearing for the Case

Joshua R. H. Potts, of Chicago, Ill. (Eugene V. Clarke, Howard S. Laughlin, and Basel H. Brune, all of Chicago, Ill., and Thorpe & Thorpe, of Kansas City, Mo., on the brief), for plaintiffs.

Arthur C. Brown, of Kansas City, Mo. (Harding, Murphy & Tucker, of Kansas City, Mo., on the brief), for defendants.

OTIS, District Judge.

In this case two causes of action are joined, one for alleged infringement of a registered trade-mark, the other for alleged unfair competition. They will be considered separately herein.

1. The Ironite Company, one of the plaintiffs, an Illinois corporation, is the owner of the registered trade-mark involved, having it by assignment from its originator, one John M. Rauhoff, who applied for its registration in the United States Patent...

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