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WILSON ATHLETIC G. MFG. CO. v. KENNEDY SPORT. G. MFG. CO.

Civ. No. 5148.

133 F.Supp. 469 (1955)

WILSON ATHLETIC GOODS MFG. COMPANY, Inc., Plaintiff, v. KENNEDY SPORTING GOODS MFG. COMPANY, Inc., and J. Lawrence Kennedy, Defendants.

United States District Court N. D. New York.

January 5, 1955.

Attorney(s) appearing for the Case

Rudd, Penberthy & Nelson, Utica, N. Y., for plaintiff, Francisco Penberthy, Utica, N. Y., Warren C. Horton, F. Thrall Brewer, and Louis Simpson, Chicago, Ill., of counsel.

Ferris, Hughes, Dorrance & Groben, Utica, N. Y., for defendants, Gilbert Hughes, Utica, N. Y., Watson, Leavenworth, Kelton & Taggert, by David A. Woodcock and Norman N. Schuttler, New York City, of counsel.

BRENNAN, Chief Judge.

This is the usual patent infringement action, requesting the usual relief. The answer asserts the invalidity of plaintiff's patent, denies infringement, sets up the affirmative defense of estoppel, and contains a counterclaim requesting a declaratory judgment of invalidity and alleging unfair competition. The issues have been narrowed by the defendant's abandonment of the unfair competition counterclaim and by the concession that if the Court...

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