BISSELL CARPET SWEEPER CO. v. SHANE CO., INC.

No. 29,327.

237 Ind. 188 (1957)

143 N.E.2d 415

BISSELL CARPET SWEEPER COMPANY v. SHANE COMPANY, INC.

Supreme Court of Indiana.

Rehearing denied September 17, 1957.


Attorney(s) appearing for the Case

Bernard Landman, Jr., Charles B. Feibleman, Bamberger & Feibleman (of counsel), all of Indianapolis, for appellant.

Rochford, Blackwell & Rochford, of Indianapolis, for appellee.

Richard S. Melvin, of Gary, Thomas A. Rothwell, of Chicago, Illinois (of counsel), for American Fair Trade Council, Inc., Hamilton Manufacturing Corp., Indiana Retail Hardware Assn., South Bend Bait Company, The Anderson Company, The Magnavox Company and The Pinex Company, Inc., as Amici Curiae.

R. Stanley Lawton, Wesley A. Dierberger, Alan H. Lobley and Ross, McCord, Ice & Miller (of counsel), all of Indianapolis, for General Electric Company, Amicus Curiae.


EMMERT, J.

This is an appeal from a judgment entered for failure of appellant to amend and plead over after a demurrer had been sustained to its complaint.

Appellant, a Michigan corporation, alleged by its complaint it manufactured carpet sweepers, which had thereon its trade-mark "Bissell Carpet Sweeper Company," which were sold in open competition in Indiana "with merchandise in the same general class produced by others"; that appellee was engaged in the...

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