McLeod v. Crawford

This is an action for breach of contract growing out of three territorial agreements in the State of Nebraska between the plaintiffs, McLeods, and the defendants, Crawfords, as to the use of the “Dairy Queen” soft ice cream trademark and the soft ice cream machine used in connection therewith, being described herein as Patent No. 2080971. The questions presented in this case arise out of the defendants’ claim that the territorial contracts entered into were illegal, being a “patent misuse” because they were agreements against public policy in extending the patent monopoly beyond the…