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GREEN v. ELECTRIC VACUUM CLEANER CO.

No. 9177.

132 F.2d 312 (1942)

GREEN v. ELECTRIC VACUUM CLEANER CO., Inc.

Circuit Court of Appeals, Sixth Circuit.

December 9, 1942.

Attorney(s) appearing for the Case

Merritt A. Vickery, of Cleveland, Ohio (Hugh McNamee, of Cleveland, Ohio, on the brief), for appellant.

John F. Oberlin and L. C. Spieth, both of Cleveland, Ohio (Oberlin, Limbach & Day and Spieth, Taggart, Spring & Annat, all of Cleveland, Ohio, on the brief), for appellee.

Before SIMONS, HAMILTON, and MARTIN, Circuit Judges.

SIMONS, Circuit Judge.

The successful plaintiff in the present patent and trade-mark infringement controversy, is the largest manufacturer of vacuum cleaners in the country. The defendant who assails the decree below is engaged in the business of reconditioning and selling reconditioned or reconstructed vacuum cleaners and vacuum cleaner parts. The vacuum cleaner, as such, is not patented, but is an assembly of parts, some of which, in the plaintiff's structures,...

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