Legal Opinion

Stiffel Co. v. Sears, Roebuck & Co.

District Court, M.D. North Carolina

Decided May 28, 1958No. Civ. A. No. C-172-G-57PublishedCited by 3 opinions

1Opinion of the Court

STANLEY, District Judge.

This is a suit for patent infringement wherein the plaintiff charges the defendant with infringement of a mechanical patent and a design patent, both pertaining to a lighting fixture. Also included in the complaint is a count for alleged unfair competition. Both counts are predicated on the alleged sale by the defendant of the same item. Jurisdiction of this court is invoked under 28 U.S.C.A. § 1338 (a, b) and 28 U.S.C.A. § 1400(b). It is alleged that the defendant maintains a regular and established place of business in this district and that an infringing sale took…

2Cases cited9 opinions

  1. Norwood v. KirkpatrickSupreme Court of the United States · 1955
  2. Ex Parte CollettSupreme Court of the United States · 1949
  3. Southern Railway Company, a Corporation v. Frank J. MaddenCourt of Appeals for the Fourth Circuit · 1956
  4. Carbide & Carbon Chemicals Corp. v. United States Industrial Chemicals, Inc.Court of Appeals for the Fourth Circuit · 1944
  5. Jiffy Lubricator Co. v. Stewart-Warner CorporationCourt of Appeals for the Fourth Circuit · 1949

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3Cited by3 opinions

  1. Koeneke v. Greyhound Lines, Inc.District Court, W.D. Oklahoma · 1968
  2. Lowry v. Chicago, Rock Island & Pacific RailroadDistrict Court, W.D. Oklahoma · 1968
  3. Wehrle v. General Motors Corp.District Court, W.D. Oklahoma · 1967

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