WEST POINT MANUFACTURING CO. v. DETROIT STAMPING CO.

No. 12310.

222 F.2d 581 (1955)

WEST POINT MANUFACTURING COMPANY, Defendant-Appellant, v. DETROIT STAMPING COMPANY, Plaintiff-Appellee.

United States Court of Appeals Sixth Circuit.

April 26, 1955.


Attorney(s) appearing for the Case

Hugh K. Davidson, Detroit, Mich. (John H. Burke, Detroit, Mich., on the brief), for appellant.

Lloyd M. Forster, Detroit, Mich. (Farley, Forster & Farley, Detroit, Mich., on the brief), for appellee.

Before MARTIN, McALLISTER, and STEWART, Circuit Judges.


McALLISTER, Circuit Judge.

Upon the expiration of appellee's patent for a toggle clamp, a device for clamping parts in industrial production, appellant copied a number of appellee's clamps and prepared to advertise, manufacture, and sell them to the industry with its own trade-mark affixed in place of appellee's trade-mark.

To forestall such action, appellee filed a complaint, claiming that, although the patent had expired, appellant, under the Lanham Trade...

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