T & T MFG. CO. v. A. T. CROSS CO.

No. 78-1206.

587 F.2d 533 (1978)

T & T MANUFACTURING COMPANY, Plaintiff, Jonathan Bradley Pens, Inc., Intervenor, The Quill Company, Inc., Second Intervenor, Appellee, v. A. T. CROSS COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 29, 1978.

Attorney(s) appearing for the Case

Leslie D. Taggart, New York City, with whom Herbert B. Barlow, Jr., Barlow & Barlow, Providence, R. I., Frank J. Colucci, Howard B. Barnaby, Jr., and Watson, Leavenworth, Kelton & Taggart, New York City, were on brief, for appellant.

James K. Edwards, Providence, R. I., with whom Edwards & Angell, Providence, R. I., Robert L. Thompson, and Thompson, Birch, Gauthier & Samuels, Boston, Mass., were on brief, for The Quill Company, Inc., appellee.

Before KUNZIG, Judge, U. S. Court of Claims, BOWNES, Circuit Judge and DUMBAULD, District Judge.

KUNZIG, Judge.

The sole issue presented for review in this trademark infringement appeal is the validity and enforceability of a Settlement Agreement entered into by the defendant A. T. Cross Company (Cross) and The Quill Company (First Quill) permitting the manufacture and sale of certain pens and pencils. Chief Judge Raymond J. Pettine of the United States District Court for the District of Rhode Island held, inter alia...

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