CONTICO INTERN. v. RUBBERMAID COMMERCIAL PRODUCTS

No. 81-1134.

665 F.2d 820 (1981)

CONTICO INTERNATIONAL, INC., Appellant, v. RUBBERMAID COMMERCIAL PRODUCTS, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 4, 1981.

Rehearing and Rehearing Denied December 30, 1981.


Attorney(s) appearing for the Case

Ralph W. Kalish (argued), Kalish & Gilster, St. Louis, Mo., for appellant.

Everett R. Hamilton, Edward G. Greive, Hamilton, Renner & Kenner, Akron, Ohio, and John K. Roedel, Jr. (argued), Senniger, Powers, Leavitt & Roedel, St. Louis, Mo., for appellee.

Before BRIGHT, HENLEY and ARNOLD, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 30, 1981.

ARNOLD, Circuit Judge.

This is a design patent case. The questioned patent, owned by defendant Rubbermaid Commercial Products, Inc., describes an ornamental design for a dolly that is attachable to certain of its refuse containers. The plaintiff Contico International, Inc., brought this action in the District Court1 seeking a declaratory judgment that Rubbermaid's design...

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