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PROTECTIVE CLOSURES CO. v. CLOVER INDUSTRIES, INC.

No. 66, Docket 31298.

394 F.2d 809 (1968)

PROTECTIVE CLOSURES CO., Inc., Joseph R. Grenier and Ernest W. Dormeyer, Jr., Appellants, v. CLOVER INDUSTRIES, INC., Appellee.

United States Court of Appeals Second Circuit.

Decided May 14, 1968.

Attorney(s) appearing for the Case

Kenneth R. Sommer, Buffalo, N. Y. (Popp & Sommer, Buffalo, N. Y.), for appellants.

Eugene F. Buell, Pittsburgh, Pa., (Conrad Christel, Christel & Bean, Buffalo, N. Y.; Arland T. Stein, Blenko, Leonard & Buell, Pittsburgh, Pa., of counsel), for appellee.

Before WATERMAN, MOORE and HAYS, Circuit Judges.

MOORE, Circuit Judge:

Appellant, Protective Closures Company, and appellee Clover Industries, are both manufacturers of polyethylene closures — caps or plugs primarily used to seal the ends of pipes or tubing to protect against dust or moisture. In 1954, the late Chief Judge John Knight rendered a judgment finding Clover Industries guilty of patent infringement and unfair competition. Protective Closures Co., Inc. v. Clover Industries, Inc.,

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