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PLOMB TOOL CO. v. FAYETTE R. PLUMB, INC.

No. 12101.

171 F.2d 945 (1949)

PLOMB TOOL CO. v. FAYETTE R. PLUMB, Inc.

United States Court of Appeals Ninth Circuit.

January 13, 1949.

Attorney(s) appearing for the Case

O'Melveny & Myers, Pierce Works and Rodney K. Potter, all of Los Angeles, Cal., for appellant.

Walter L. Bruington and Ralph C. Barrow, both of Beverly Hills, Cal., for appellee.

Before STEPHENS, BONE, and ORR, Circuit Judges.

STEPHENS, Circuit Judge.

Both parties to the above case are manufacturers of tools, and the plaintiff brought an action in the district court to enjoin the defendant from certain uses of the word "Plomb" in the making and marketing of such tools. The litigation resulted in a consent decree being made and entered against defendant under and out of which an injunction was decreed in which defendant was enjoined from certain defined uses of the word "Plomb."

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