Laurence Massa v. Jiffy Products Co., Inc.

Jeteo, Inc., a California corporation, filed suit in a California state court against Jiffy Products Co., (Jiffy), a Texas corporation, and other corporations and individuals, alleging unfair competition by the defendants in the use of Jetco’s trade name “Jiffy” on their own products. As a second cause of action, Jetco alleged registration of the trade mark “Jiffy” by Laurence Massa, president of Jetco, his assignment of the mark to Jetco, and infringement of the mark by the defendants. The mark and the patent refer to metal teeth for use on excavating equipment.

The case was removed to the Federal District Court. In its answer Jiffy admitted the use of the mark “Jiffy” on its excavating equipment; denied illegal infringement; plead laches, estoppel, prior use, waiver, res judicata, and fraud in the registration of plaintiff’s trade mark. Jiffy also counterclaimed against Jetco, alleging that the controversy arose from an alleged infringement of a void patent for excavating teeth issued to Laurence Massa, and assigned to Jetco, and prayed that the patent be declared void. Jiffy also asserted ownership of the trade name “Jiffy”, and prayed for an order of rectification of the…