Legal Opinion

Tveter v. AB Turn-O-Matic

Court of Appeals for the Ninth Circuit

Decided December 4, 1980No. 77-2299PublishedCited by 21 opinions

1Opinion of the Court

BROWNING, Chief Judge:

Appellant Tveter produces and distributes “Take-A-Turn,” a device for dispensing numbered tickets to persons awaiting service. Appellee AB Turn — 0—Matic produces “Turn-O-Matic,” a similar device performing the same function. The “Turn-O-Matic” device is distributed in the United States by appellee Scandus, Inc. It was first on the market. The district court held that appellant had infringed appellees’ patent and trademark rights, and that appellant had unfairly competed with appellees by simulating the appearance of the “Turn-O-Matic” and “palming off” appellant’s goods…

2Cases cited31 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  3. Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
  4. Menendez v. HoltSupreme Court of the United States · 1888
  5. Compco Corp. v. Day-Brite Lighting, Inc.Supreme Court of the United States · 1964

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3Cited by21 opinions

  1. American Hoist & Derrick Company, Cross-Appellee v. Sowa & Sons, Inc., Cross-AppellantCourt of Appeals for the Federal Circuit · 1984
  2. Cable Electric Products, Inc. v. Genmark, Inc., A/K/A Diablo Products Corp.Court of Appeals for the Federal Circuit · 1985
  3. Clamp Manufacturing Company, Inc. v. Enco Manufacturing Company, Inc., Colex, Inc.Court of Appeals for the Ninth Circuit · 1989
  4. Summit MacHine Tool Manufacturing Corp. v. Victor Cnc Systems, Inc. MacHinery Trade CenterCourt of Appeals for the Ninth Circuit · 1993
  5. Magic Kitchen LLC v. Good Things International, Ltd.California Court of Appeal · 2007

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