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SPEED PRODUCTS CO. v. TINNERMAN PRODUCTS

Nos. 172, 173, Docket 23012, 23013.

222 F.2d 61 (1955)

SPEED PRODUCTS CO., Inc., Plaintiff-Appellee, v. TINNERMAN PRODUCTS, Inc., Defendant-Appellant. SPEED PRODUCTS CO., Inc., Plaintiff-Appellee, v. TINNERMAN PRODUCTS, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 15, 1955.

Attorney(s) appearing for the Case

Harry Price and Charles M. Palmer, New York City, for plaintiff-appellee.

Bates, Teare & McBean, Cleveland, Ohio, Darby & Darby, Floyd H. Crews, New York City, Albert R. Teare, Cleveland, Ohio, for defendant-appellant.

Before CLARK, Chief Judge, HINCKS, Circuit Judge, and SMITH, District Judge.

HINCKS, Circuit Judge.

To understand the issues raised on this appeal, it is necessary that we review the highlights of the extended litigation over trademarks waged by the parties. Speed Products, Inc. (hereinafter called "Speed") commenced an action in the United States District Court for the Southern District of New York against Tinnerman Products, Inc. (hereinafter called "Tinnerman") in 1946. This was Civil Action 38-662 hereinafter referred to as the "first...

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