Trico Products Co. v. Apco-Mossberg Corp.

MORTON, District Judge.

At tbe conclusion of tbe arguments I gave an oral decision on certain points, substantially as follows :

“Tbe bill charges both infringement and unfair competition. As to tbe latter it was not referred to in argument, and I infer is in effect abandoned. It was clearly untenable. There is no evidence that the defendant’s packages imitated those of the plaintiff. The mere fact that the defendant’s wipers look like those of the plaintiff is not sufficient to establish, unfair competition, unless, as Judge Burrows pointed out, in a suit by this plaintiff in the Connecticut…