Stahly, Inc. v. M. H. Jacobs 0co.

LINDLEY, Circuit Judge.

Plaintiff, an Indiana corporation engaged in the sale of mechanical razors under the trade-marks “Stahly” and “Live Blade,” instituted this suit to enjoin defendants from selling razors with plaintiff’s trademarks impressed thereon, contending that such sales were violative of its trade-mark and fair trade rights. The District Court, upon defendants’ motion for summary judgment, dismissed the complaint, holding that plaintiff had waived its rights with respect to the razors in the possession of the defendants. Plaintiff contends that the court erred in this conclusion…