Colm v. Kyles

BYERS, District Judge.

This is a defendant’s motion under F.R.Civ.P.Rule 56, 28 U.S.C.A., whereby it is sought thus summarily to dispose of the issues of validity and infringement concerning plaintiff’s patent No. 2,717,603 for a baby pacifier; and the issue of infringement of plaintiff’s registered trademark Aqua Cool as applied to a baby teether. These are the two causes of action pleaded in the amended complaint.

As to the first the patent is easy to understand, but not so easy to adjudicate.

The device is constructed of plastic material in the shape of a ring as to the important element. The…