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KOOLVENT METAL AWN. CORP. v. KOOL-VENT METAL A. CORP.

No. 9523(2).

138 F.Supp. 95 (1955)

KOOLVENT METAL AWNING CORPORATION of America, Plaintiff, v. KOOL-VENT METAL AWNING CORPORATION OF MISSOURI, Aluma-Kraft Manufacturing Company, Midwest Kool-Vent Aluminum Awning Company, Inc., and Theodore J. Bottom, Defendants.

United States District Court, E. D. Missouri, E. D.

February 14, 1955.

Attorney(s) appearing for the Case

Kingsland, Rogers & Ezell, Edmund C. Rogers and Estill E. Ezell, St. Louis, Mo., for plaintiff.

Terry & Cohn, and Lawrence H. Cohn St. Louis, Mo., for defendants.

HULEN, District Judge.

In this case plaintiff charges defendants with infringement of two patents and a common law trade-mark and seeks injunctive relief and accounting. As to the patents, the prime issue is infringement and validity. The title of plaintiff in the trade-mark is challenged. By counterclaim defendants request an adjudication that they are the owners in Missouri of the trade-mark in issue. Defendants claim a bar of assertion of title by plaintiff, if...

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