Sven Tveter v. Ab Turn-O-Matic

633 F.2d 831 209 U.S.P.Q. 22 Sven TVETER, an individual, doing business as SGT Enterprises, Defendant- Appellant, v. AB TURN-O-MATIC, a Swedish corporation, and Scandus, Inc., a California Corporation, Plaintiffs-Appellees. No. 77-2299. United States Court of Appeals, Ninth Circuit. Dec. 4, 1980. Jack M. Wiseman, San Jose, Cal., argued, for defendant-appellant. George C. Limbach, Limbach, Limbach & Sutton, William Rochester, San Francisco, Cal., for plaintiffs-appellees. Appeal from the United States District Court for the Northern District of California. Before BROWNING, Chief Judge, WALLACE, Circuit Judge, and CURTIS, * District Judge. BROWNING, Chief Judge: 1 Appellant Tveter produces and distributes "Take-A-Turn," a device for dispensing numbered tickets to persons awaiting service. Appellee AB Turn-O-Matic produces "Turn-O-Matic," a similar device performing the same function. The "Turn-O-Matic" device is distributed in the United States by appellee Scandus, Inc. It was first on the market. The district court held that appellant had infringed appellees' patent and trademark rights, and that appellant had unfairly competed with appellees by simulating the appearance of the…