Frick-Gallagher Mfg. Co. v. Rotray Corp.

RUTLEDGE, Associate Justice.

The suit is for infringement of a patent, of a registered trademark, and for unfair competition, including infringement of a common law trademark. The plaintiff appeals from the trial court’s decree for the defendant on all counts. We think the decree should be affirmed.

I. Plaintiff owns, and alleges defendants have infringed, the Frick patent, No. 2,-*82081,856.1 The evidence may be taken to show infringement. But the trial court held the patent invalid for want of invention, and the first question relates to this ruling.

The alleged invention relates to a device for…