Thor Corp. v. Automatic Washer Co.

SWITZER, District Judge.

The motion before the court is one by the defendant Automatic Washer Company to strike several paragraphs of plaintiff’s complaint under Fed.Rules Civ.Proc. rule 12(e) and (f), 28 U.S.C.A., in an action involving rights in trade marks between competing washing machine companies. A motion to make more definite and certain what plaintiff intended to mean by the use of the words in its complaint of “primary mark” and “secondary mark” was joined to the motion to strike. Plaintiff voluntarily submitted satisfactory explanation of these latter words by separate pleading and…