TEXTAG CO. v. HAYSLIP

No. 13566.

192 F.2d 435 (1951)

TEXTAG CO., Inc. et al. v. HAYSLIP et al.

United States Court of Appeals Fifth Circuit.

November 20, 1951.


Attorney(s) appearing for the Case

Edward Taylor Newton, Edward E. Dorsey, Hal Lindsay, Travers Hill, and G. Eugene Ivey, all of Atlanta, Ga., for appellant.

A. Harry Crowell, Washington, D. C., Grace W. Thomas, Henry M. Hatcher, Jr., Alton T. Milam, and J. Walter LeCraw, all of Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, and RUSSELL, Circuit Judges.


HUTCHESON, Chief Judge.

On March 24, 1950, appellants, defendants in Civil Action 3825, were sued for infringement of U. S. Patent No. 2,455,007, and for unlawful use of plaintiff's trademark, "Textag".

The complaint alleged: that the defendants had been operating under a franchise from plaintiffs providing for royalties with a guarantee of at least $600 per month, and a provision giving plaintiffs the right to terminate the contract upon failure to pay the...

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