Waco-Porter Corporation v. Tubular Structures Corp.

The first amended complaint in this action sets forth seven causes of action, one for an injunction and accounting of profits for patent infringement, one for damages for patent infringement, one for an injunction and accounting of profits for trademark infringement, one for damages for trademark infringement, one for breach of contract and license agreement, one for an injunction and accounting of profits for unfair competition, and one for damages for unfair competition.

By motion filed June 14, 1963, the plaintiff has moved this Court for a preliminary injunction enjoining the defendants and those participating with them: (1) from further acts of infringement of the plaintiff’s patent No. 2,635,717, better known as “Speedlock,” and plaintiff’s patent No. 2,777,660, better known as “Speedset”; (2) from further acts of infringement of plaintiff’s registered trade-marks “Waco” and “Speedlock”; and (3) from further acts of unfair competition by use of the same model numbers that identify and describe plaintiff’s scaffolding and shoring equipment and product lines.

By motion filed June 3, 1963, the defendants have moved this Court for a preliminary injunction restraining the…