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DARWIN & MILNER v. KINITE CORPORATION

No. 5007.

72 F.2d 437 (1934)

DARWIN & MILNER, Inc., v. KINITE CORPORATION et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied October 1, 1934.

Attorney(s) appearing for the Case

Donald H. Sweet, of Chicago, Ill., Hadley F. Freeman, of Cleveland, Ohio, and George M. Albrecht, of Milwaukee, Wis., for appellant.

Henry M. Huxley, of Chicago, Ill., and Arthur W. Fairchild and Leon F. Foley, both of Milwaukee, Wis., for appellees.

Before ALSCHULER, EVANS, and FITZHENRY, Circuit Judges.

FITZHENRY, Circuit Judge.

This appeal involves a decree entered in a suit wherein a bill in equity alleged the infringement of United States Patent, No. 1,277,431, issued September 3, 1918, to Paul Richard Kuehnrich, and by him assigned to appellant. In addition to seeking an injunction and an accounting for the infringement, it asks an injunction from using the designation "Kinite" or "Kompite" as a trade-mark; also damages for alleged unfair competition against...

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