WYNNE v. ALUMINUM AWNING PRODUCTS COMPANY

Civ. A. No. 373.

148 F.Supp. 212 (1952)

W. H. WYNNE, Jr. v. ALUMINUM AWNING PRODUCTS COMPANY.

United States District Court M. D. North Carolina, Winston Salem Division.

June 23, 1952.


Attorney(s) appearing for the Case

Ratcliff, Vaughn, Hudson, Ferrell & Carter, Winston Salem, N.C., Lawrence H. Cohn, St. Louis, Mo., Smith, Kilpatrick, Cody, Rogers & McClatchey, Atlanta, Ga., for plaintiff.

Deal, Hutchins & Minor, Winston Salem, N. C., for defendant.


HAYES, District Judge.

The plaintiff sued the defendant to recover a balance of $2,071.34 on royalties on a patent licensing agreement and to restrain defendant from using its trademark "Koolvent".

The license agreement was entered into August 24, 1946, for a term ending October 23, 1949, in consideration of $3,500 plus a royalty of five per cent of gross sales, and granting the exclusive right to manufacture and sell Ventilated Metal Awnings under Houseman...

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