King Gun Sight Company v. Micro Sight Company

218 F.2d 825 105 U.S.P.Q. 1 KING GUN SIGHT COMPANY, Inc., a corporation, Appellant, v. MICRO SIGHT COMPANY, Inc., a corporation, John V. McKenna, Rene Goudy, Eugene F. Padel, George K. Thannisch, and Marion Galloway, Appellees. No. 13470. United States Court of Appeals, Ninth Circuit. Jan. 13, 1955. Rehearing Denied March 1, 1955. 1 Townsend & Townsend, Charles Townsend, Jr., San Francisco, Cal., for appellant. 2 White & Riaboff, George B. White, Alexander Riaboff, Dudley Harkelroad, San Francisco, Cal., for appellees. 3 Before HEALY and ORR, Circuit Judges, and WIIG, District Judge. 4 WIIG, District Judge. 5 King Gun Sight Company, Inc. (hereinafter 'King'), on behalf of itself and its predecessors, sought damages and injunctive relief against Micro Sight Company, Inc. (hereinafter 'Micro') and five persons who were or had been connected with Micro, alleging four causes of action: patent infringement; trade-mark infringement; unlawful palming off of firearm hammers under the trade-mark; and unfair competition, by virtue of Micro's and the individual defendants' acts in establishing and maintaining a competing business while still in King's employ, and thereafter…