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VICTOR TOOL AND MACHINE CORP. v. SUN CONTROL AWNINGS, INC.

Civ. No. 28353.

299 F.Supp. 868 (1968)

VICTOR TOOL AND MACHINE CORPORATION, a corporation, and Panama Awning Co., a corporation, Plaintiffs, v. SUN CONTROL AWNINGS, INC., a corporation, Sun Control Manufacturing and Distributing Co., a corporation, and Charles W. Suchner, jointly and severally, Defendants.

United States District Court E. D. Michigan, S. D.

January 9, 1968.

Attorney(s) appearing for the Case

Austin A. Webb, Kalamazoo, Mich., for plaintiff; Carey & Carey, Detroit, Mich., of counsel.

Hiram P. Settle, Jr., Southfield, Mich., for defendants.

OPINION

KAESS, District Judge.

The jurisdiction of this court is invoked under Title 28, Section 1338 of the United States Code.1 The controversy in this litigation resides in the trademark "SUN CONTROL" as applied to metal awnings and canopies, as well as various other building components such as siding, storm windows and doors, screen doors, window screens, etc. The proofs in this...

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