Textag Co., Inc. v. Hayslip

HUTCHESON, Chief Judge.

On March 24, 1950, appellants, defendants in Civil Action 3825, were sued for infringement of U. S. Patent No. 2,455,007, and for unlawful use of plaintiff’s trademark, “Textag”.

The complaint alleged: that the defendants had been operating under a franchise from plaintiffs providing for royalties with a guarantee of at least $600 per month, and a provision giving plaintiffs the right to terminate the contract upon failure to pay the royalties; that defendants having breached the contract by failing to pay royalties, plaintiffs elected to terminate it, and so advised…