Mas v. Owens-Illinois Glass Co.

GOURLEY, Chief Judge.

In this action based on trade-mark and trade name infringement, ' Defendant Owens-Illinois Glass Company moves for dismissal of the amended complaint on the ground of laches. 28 U.S.C.A., Fed. Rules of Civil Procedure 12(b).1

*659For purposes of brevity, the following abbreviations will be employed:

George N. Mas —Mas

Owens-Illinois Glass Company — Owens

Plaintiff’s prayer for damages is limited to six years prior to the institution of the present suit. Plaintiff contends that the amended complaint presents a case of a continuous tort involving separate and successive injuries…