Schwinn Bicycle Co. v. Murray Ohio Manufacturing Co. - United States Court Of Appeals For The Sixth Circuit

Schwinn Bicycle Co. v. Murray Ohio Manufacturing Co.

By United States Court Of Appeals For The Sixth Circuit

  • Release Date: 1972-11-24
  • Genre: Law

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Description

This is an appeal from the District Court's judgment for Defendant-Appellee, Murray Ohio, in a suit by Plaintiff-Appellant, Schwinn, seeking damages and injunctive relief against Murray Ohio's alleged trademark infringement and unfair competition.1 Because the District Court's Memorandum Opinion, appearing at 339 F. Supp. 973, thoroughly sets forth the factual and legal bases for that Court's judgment, we will restate only so much of the case as is necessary to consider the issues raised by Schwinn on this appeal. Both Schwinn and Murray Ohio are manufacturers of bicycles and, more particularly for purposes of this case, original and replacement bicycle rims. The present suit was instituted by Schwinn claiming that Murray Ohio has infringed since about 1965, and continues Trademark Registration No. 570,518, to infringe, the former's United States dated February 17, 1953. That trademark applies to the knurl design appearing on the inner face of Schwinn's tubular rims, which is described in the Registration as follows:

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