HICKS, Chief Judge.
The parties will be styled as they appeared in the court below.
Plaintiff Akins, a resident of Akron, Ohio was the owner of Patent No. 2,181,163, for an "Adjustable Support for Buildings or the Like," commonly called a jack post. Co-plaintiff, The Adjusta-Post Manufacturing Company, an Ohio corporation, was the owner of the trade-mark "Adjusta-Post."
Plaintiffs sued defendant, McKnight, doing business in Cleveland as Fixag Post...
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