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WYNNE v. ALUMINUM AWNING PRODUCTS CO.

No. 6522.

202 F.2d 130 (1953)

WYNNE v. ALUMINUM AWNING PRODUCTS CO.

United States Court of Appeals Fourth Circuit.

Decided February 17, 1953.

Attorney(s) appearing for the Case

Lawrence H. Cohn, St. Louis, Mo. (Devereaux F. McClatchey, Atlanta, Ga., on the brief), for appellant.

Roy L. Deal, Winston-Salem, N. C., (Fred S. Hutchins, John M. Minor and Deal, Hutchins & Minor, Winston-Salem, N. C., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This suit was brought by W. H. Wynne, Jr., the owner of the Houseman reissue patent No. 20,975 for metal awnings, against the Koolvent Metal Awning Company of Winston-Salem, N. C., to enjoin the defendant from using the plaintiff's trade mark "Koolvent" after the license contract between them had expired, and to collect royalties payable by the defendant under the contract.

The defendant denied...

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