(DOWNLOAD) "Speedry Products Inc. v. Dri Mark Products Inc." by United States Court Of Appeals Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Speedry Products Inc. v. Dri Mark Products Inc.
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 06, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Speedry Products, Inc., plaintiff-appellant (Speedry) appeals from an order denying its motion for a preliminary injunction by which it sought to enjoin defendants-appellees (collectively referred to as "Dri Mark") from importing, manufacturing and selling a marking device known as "Dri Mark" on the grounds that it infringed the patents on Speedrys device known as "Magic Marker" and that it "is so similar in appearance to the Magic Marker that it will deceive the public into thinking that it comes from the same source as the Magic Marker." Upon argument of the motion Speedry for purposes of the preliminary injunction relied only upon its claim of unfair competition. The court, after comparing the two markers, found that because of readily recognizable differences "The likelihood of confusion as to source is, to say the least, extremely doubtful"; that to grant the injunction requested could secure for Speedry the most important part of the relief that it could receive after trial; and that there was no showing of irreparable damage.