Legal Opinion
Fisher v. Louis Marx & Co. of W. Va., Inc.
District Court, N.D. West Virginia
Decided December 4, 1969No. Civ. A. No. 68-6-WPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM
MAXWELL, Chief Judge.
Plaintiffs, Denys Fisher (Spirograph) Limited and Kenner Products Company have moved to strike the counterclaim for unfair competition filed by defendant Louis Marx & Co. of W. Va., Inc., under 28 U.S.C.A. § 1338(b) (1964).
*958On February 12, 1968, plaintiffs instituted this civil action charging defendant corporation with infringement of U. S.. Letter Patent Reissue No. 26,341. Denys Fisher, Ltd. is the owner of the Letter Patent and Kenner Products the sole American licensee. In its answer, defendant denied the validity of the reissue patent, at least as applied…
2Cases cited23 opinions
- Hurn v. OurslerSupreme Court of the United States · 1933
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Hartmann v. Time, Inc.Court of Appeals for the Third Circuit · 1948
- Flexitized, Inc., and Flexitized Sales Corporation v. National Flexitized Corporation and Dubin-Haskell Lining Corp.Court of Appeals for the Second Circuit · 1964
- Harry A. Pursche v. Atlas Scraper and Engineering Co., a Corporation, Atlas Scraper and Engineering Co., a Corporation v. Harry A. PurscheCourt of Appeals for the Ninth Circuit · 1962
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3Cited by2 opinions
- Lone Ranger Television, Inc. v. Program Radio Corp.Court of Appeals for the Ninth Circuit · 1984
- Lone Ranger Television, Inc. v. Program Radio CorporationCourt of Appeals for the Ninth Circuit · 1984