NICKERSON v. BEARFOOT SOLE COMPANY

No. 14609.

311 F.2d 858 (1963)

Bryan W. NICKERSON, Jr., Plaintiff-Appellee, v. The BEARFOOT SOLE COMPANY, Inc., The Bearfoot Airway Corporation, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

As Amended January 10, 1963.


Attorney(s) appearing for the Case

Everett R. Hamilton, Akron, Ohio (Ely, Frye & Hamilton, Mack D. Cook, II, Akron, Ohio, on the brief), for appellants.

George V. Woodling, Cleveland, Ohio (Woodling, Krost, Granger & Rust, George V. Woodling, Charles R. Rust, Cleveland, Ohio, on the brief), for appellee.

Before McALLISTER, Circuit Judge, and BOYD and THORNTON, District Judges.


McALLISTER, Circuit Judge.

This is an appeal in a patent case in which the court found plaintiff-appellee Nickerson's reissue patent, Re. 24,518, for a side wall attachment for vehicle tires, valid and infringed by the Bearfoot Companies, the licensees of Barnes, under the latter's patent 2,621,979.

The side wall attachments involved in this case are chiefly ornamental, of an elastic material, and are mainly used to give the smart effect of the more expensive...

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