Al-Fab Aluminum Fabricators, Inc. v. Wagner

DECKER, District.Judge.

This is a suit alleging in two counts violation of the Federal trademark laws ■ and related unfair competition in that the defendant Maleo is alleged to have manufactured and sold an aluminum storm window which it both copied from the plaintiff’s aluminum storm window and which it advertised by means of photographs of the plaintiff’s storm window without identifying it as such.

The answer denies any liability for either trademark infringement or unfair competition. Further, the defendants have filed a counterclaim alleging that by a letter and a “news release” mailed by…