Sweetwater Rug Corp. v. J. & C. Bedspread Co.

Second Circuit

Sweetwater Rug Corp. v. J. & C. Bedspread Co.

299 F.2d 573

Court of Appeals for the Second Circuit·Decided February 23, 1962·No. No. 180, Docket 27121·Published

Opinion

PER CURIAM.

Plaintiffs’ action sought (1) a declaration that two United States patents issued to Joseph K. MeCutcheon are invalid and not infringed; (2) an order restraining defendant from threatening or issuing warning notices to the trade or to customers or suppliers or associates of plaintiffs; and (3) an accounting for damages and profits. Defendant moved to dismiss the action for lack of an indispensable party, namely, the patentee. In a well reasoned opinion Judge Her-lands granted the motion.

The judgment is affirmed on the opinion below, 198 F.Supp. 941.

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PER CURIAM.

Plaintiffs’ action sought (1) a declaration that two United States patents issued to Joseph K. MeCutcheon are invalid and not infringed; (2) an order restraining defendant from threatening or issuing warning notices to the trade or to customers or suppliers or associates of plaintiffs; and (3) an accounting for damages and profits. Defendant moved to dismiss the action for lack of an indispensable party, namely, the patentee. In a well reasoned opinion Judge Her-lands granted the motion.

The judgment is affirmed on the opinion below, 198 F.Supp. 941.

Sweetwater Rug Corp. v. J. & C. Bedspread Co., 299 F.2d 573 (2d Cir. 1962).

Pincite

299 F.2d 573 (Sweetwater Rug Corp. v. J. & C. Bedspread Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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