Legal Opinion

West Point Manufacturing Company v. Detroit Stamping Company

Court of Appeals for the Sixth Circuit

Decided April 26, 1955No. 12310_1PublishedCited by 64 opinions

1Opinion of the Court

McALLISTER, Circuit Judge.

Upon the expiration of appellee’s patent for a toggle clamp, a device for clamping parts in industrial production, appellant copied a number of appellee’s clamps and prepared to advertise, manufacture, and sell them to the industry with its own trade-mark affixed in place of appellee’s trade-mark.

To forestall such action, appellee filed a complaint, claiming that, although the patent had expired, appellant, under the Lanham Trade-Mark Act of 1946, 15 U.S. C.A. § 1051 et seq., was guilty of unfair competition in copying and manufacturing such clamps, and asked that…

2Cases cited39 opinions

  1. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  2. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  3. Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
  4. Scott Paper Co. v. Marcalus Manufacturing Co.Supreme Court of the United States · 1945
  5. G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1912

34 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. Boston Professional Hockey Association, Inc. v. Dallas Cap & Emblem Mfg., Inc.Court of Appeals for the Fifth Circuit · 1975
  2. Am General Corporation and General Motors Corporation v. Daimlerchrysler CorporationCourt of Appeals for the Seventh Circuit · 2002
  3. Herman Miller, Inc., Plaintiff-Appellant/cross-Appellee v. Palazzetti Imports and Exports, Inc., Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2001
  4. Pebble Beach Co. v. Tour 18 I Ltd.Court of Appeals for the Fifth Circuit · 1998
  5. Truck Equipment Service Company, Appellant-Cross-Appellee v. Fruehauf Corporation, Appellee-Cross-AppellantCourt of Appeals for the Eighth Circuit · 1976

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