McQuillen v. A. R. Hyde & Sons Co.

McLELLAN, District Judge.

This suit was brought in April, 1938, for infringement of design patent No. 100,174, and for unfair competition. In the original complaint, infringement of a second design patent, No. 100,175, was also charged, but at the pre-trial hearing, on motion of the plaintiffs and with the consent of the defendant, the charge on this patent was dismissed. The plaintiffs are Roy M. Mc-Quillen, the patentee, and The Hobby Shoe Company, Inc., the latter an exclusive H-. censee under the patent in suit. The plaintiff McQuillen is a citizen of New Hampshire; the plaintiff…