Carson Manufacturing Company, Inc. v. Carsonite International Corporation, Inc.

686 F.2d 665 212 U.S.P.Q. 566 CARSON MANUFACTURING COMPANY, INC., a California Corporation, Plaintiff-Appellant, v. CARSONITE INTERNATIONAL CORPORATION, INC., and High Performance Composites, Inc., Nevada Corporations, Defendant-Appellees. No. 79-4474. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1981. Decided Oct. 13, 1981. Harris Zimmerman, Oakland, Cal., for plaintiff-appellant. Vaughn W. North, Sandy, Utah, argued, for defendants-appellees; Thorpe, North, Western & Gold, Sandy, Utah, David D. Harrison, Feix & Harrison, Burlingame, Cal., on brief. Before TRASK and BOOCHEVER, Circuit Judges, and CURTIS, * District Judge. TRASK, Circuit Judge: 1 This appeal stems from a dispute over appellant Carson Manufacturing Co.'s manufacture and distribution of a highway marker which is very similar to a patented marker manufactured and distributed by appellee Carsonite International Corp. Appellant argues that the court below erred in awarding damage and injunctive relief for patent infringement, trademark infringement, and unfair competition based on a jury verdict of appellant's liability. We reverse. 2 * Both parties identify Schmanski Patent…