Smokador Mfg. Co. v. Tubular Products Co.

THOMAS, District Judge.

This is the usual patent suit, brought by the plaintiff, a corporation organized under the laws of Delaware, against the defendant, an Ohio corporation, for infringement of letters patent No. 1,646,086, issued to Robert G. Fleming, assignor to plaintiff. The patent in suit issued October 18,1927, on an application filed December 22, 1926. Claims 1 to 6, inclusive, are in issue. In addition to the suit for patent infringement, plaintiff alleges infringement of a common-law trade-mark “Ashless Ashstand,” and unfair competition by defendant in the use of said trade-mark.

The…