Royal Crown Cola Co. v. Crown Beverage Corp.

BARTELS, District Judge.

Plaintiff moves for judgment on the pleadings, pursuant to Rule 12(c), Fed.Rules Civ.Proc., 28 U.S.C.A. However, since the plaintiff seeks to incorporate documents other than the complaint and answer herein, its motion will be treated as one for summary judgment pursuant to Rule 56. Defendant, while contending that there exist material issues of fact in this case, has nevertheless cross-moved for summary judgment in the event that the Court rejects its contention.1

On May 2, 1957 plaintiff filed two applications (Serial Nos. 29,294 and 29,-296) with the Patent Office…