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DEVCON CORPORATION v. WOODHILL CHEMICAL SALES CORP.

No. 72-1011.

455 F.2d 830 (1972)

DEVCON CORPORATION, Plaintiff-Appellee, v. WOODHILL CHEMICAL SALES CORPORATION et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Supplemental Opinion March 20, 1972.

Attorney(s) appearing for the Case

H. D. Cooper, Cleveland, Ohio, with whom Howard L. Weinshenker, Yount, Tarolli, Weinshenker & Cooper, Cleveland, Ohio, Stanley Sacks, and Wolf, Greenfield & Sacks, Boston, Mass., were on petition for stay and memorandum in support thereof.

Douglas E. Whitney, Boston, Mass., with whom Russell & Nields, Boston, Mass., was on memorandum in opposition to appellant's petition for stay; George L. Greenfield, Boston, Mass., Yount, Tarolli, Weinshenker & Cooper, Cleveland, Ohio, and Wolf, Greenfield & Sacks, Boston, Mass., were on brief, for appellants.

Richard S. Koppel, and David H. Halpert, Boston, Mass., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM.

We have before us a motion to stay, pending appeal, a preliminary injunction granted against asserted trademark infringement. Except to say that it raises grave doubts, we will reserve until a later date discussing a procedure under which the only hearing given the defendant on such an important matter was before a magistrate. The magistrate wrote an opinion in which he found that there is a great likelihood of consumer confusion between the products of...

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