Collis Co. v. Consolidated MacHine Tool Corp. of America

GARDNER, Circuit Judge.

In this case the Consolidated Machine Tool Corporation, appellee, brought suit in equity against the Collis Company, appellant, to restrain that company from making use of the word “Magic” on or in connection with a tool known as a chuck. The parties will he referred to as they appeared in the lower court. The plaintiff alleged in its bill of complaint that its predecessor,' Modem Tool Company, in 1901 adopted and applied the trade-name “Magic” to drill chucks which it was then manufacturing and selling throughout the United States, and that it continued the manufacture…