Wagner v. Meccano Ltd.
Court of Appeals for the Sixth Circuit
Appeals from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, 'Judge. Suit by the Meccano Limited against F. A. Wagner, trading as the American Mechanical Toy Company, and the Strobel & Wilken Company, who counterclaimed.
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Appeals from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, 'Judge. Suit by the Meccano Limited against F. A. Wagner, trading as the American Mechanical Toy Company, and the Strobel & Wilken Company, who counterclaimed. From a decree for complainant (234 Fed. 912), and an order denying a request to dismiss the appeal, remand the record, and on the granting of such request to reopen the case, defendants appeal.
1Opinion of the Court
WARRINGTON, Circuit Judge.
The Meccano Limited, a British corporation, is engaged in the manufacture and sale of outfits which are adapted to ready and repeated assembling of parts into a variety of mechanical toys; and with each main outfit it supplies a manual of instructions and illustrations for use in building the toys. The corporation brought suit in the court below against Francis A. Wagner, trading, as the American Mechanical Toy Company, and against the Strobel & Wilken Company, charging defendants with acts of unfair competition consisting, in effect, of sales of outfits…
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