Clamp Manufacturing Company, Inc. v. Enco Manufacturing Company, Inc., Colex, Inc.

Eneo Manufacturing Co. appeals from the district court’s judgment against it in favor of Clamp Manufacturing Co. Clamp sued Eneo for trademark infringement of its clamps. Following a bench trial, the district court granted injunctive relief and damages to Clamp. We affirm.

BACKGROUND

Clamp, a California corporation principally located in Los Angeles, manufactures and distributes clamps. Clamp and its predecessor, Saxton Manufacturing Co., have manufactured and distributed cantilevered “C” clamps in various sizes and styles since the early 1950’s. A patent for the clamp, more precisely described as a “single screw actuated pivoted clamp,” was issued in 1955 and expired in 1972. In January 1974, Clamp obtained a trademark registration, valid for twenty years, for the term “KANT-TWIST.” No. 977,118, Principal Register, U.S. Patent Office (noting 1954 as date of first use of clamp).

Eneo, an Illinois corporation principally located in Chicago, manufactures and distributes machine tools, parts, and accessories. Colex, Inc., the additional defendant-appellant, was a California corporation principally located in Los Angeles and the wholly-owned West Coast subsidiary of Eneo. Colex was…