· 11/8/1984
Bandag, Inc., Appellee/cross-Appellant. v. Al Bolser's Tire Stores, Inc., Appellant/cross-Appellee
Citations
- 750 F.2d 903
- 223 U.S.P.Q. (BNA) 982
- 1984 U.S. App. LEXIS 15218
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing holding that infringement defendant had implied license to practice claimed invention
- “the conclusion of the district court that an implied license of the Carver patent was extended to Bolser”
- plaintiff is not entitled to a windfall of profits if an injunction alone will satisfy the equities of the case
- “[i]n the absence of a[ny] proof of any actual damages, injunctive relief satisfies [all] the equities of this case.”
- “Section 1117 confers a great deal of discretion on a district court in fashioning a remedy....”
- no equitable recovery without showing of fraud or palming off; examination of the record did not reveal any evidence showing that plaintiff had lost substantial business and profits as a result of defendant's unfair competition
Source: CourtListener parenthetical corpus (CC0).
Judges: Bennett, Skelton, Miller
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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