Electric Vacuum Cleaner Co. v. Green

WILKIN, District Judge.

This is an action for patent and trademark infringement. The plaintiff, who is a manufacturer of vacuum cleaners, alleges that the defendant has re-assembled parts of the plaintiff’s cleaner and reconstructed and sold vacuum cleaners and parts in violation of the plaintiff’s patents and trademarks. There is not much dispute about the facts. The questions raised are mainly issues of law.

The court finds that the defendant has no right to reconstruct vacuum cleaners and sell them equipped with dust bags bearing the plaintiff’s registered trade-marks “Premier” or “Premier…