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FARGO GLASS & PAINT CO. v. GLOBE AMERICAN CORP.

November 6, 1951

FARGO GLASS & PAINT CO.
v.
GLOBE AMERICAN CORP. ET AL.



The opinion of the court was delivered by: Igoe, District Judge.

Findings of Fact

The Court finds:

1. Plaintiff, Fargo Glass & Paint Company (hereinafter referred to as "Fargo"), is a corporation organized and existing under the laws of the State of North Dakota since 1917, having its principal offices at Fargo, North Dakota.

2. Defendant, Globe American Corporation (hereinafter referred to as "Globe"), is a corporation organized and existing under the laws of the State of Indiana since 1930, having its principal offices at Kokomo, Indiana.

3. Defendant, The Maytag Company (hereinafter referred to as "Maytag"), is a corporation organized and existing under the laws of the State of Delaware since 1925, having its principal offices at Newton, Iowa.

4. From 1935 to the present time, except during World War II, when major home appliances were not available, Fargo has engaged in the business of a distributor of home appliances.

5. Since 1930, Globe has operated two manufacturing divisions, one at Macomb, Illinois, known as the "Macomb Division", and the other at Kokomo, Indiana, known as the "Kokomo Division". The Macomb Division has manufactured various types of agricultural equipment. During the period from 1930 to the present time (except during the period from 1942 through part of 1945, when it was engaged in the manufacture of life boats and other equipment for the Government), the Kokomo Division has manufactured various types of stoves and ranges.

6. In 1937 the Kokomo Division commenced the manufacture of gas ranges under the name of "Dutch Oven", or "Globe Dutch Oven", and sold these ranges in interstate commerce. These gas ranges are hereinafter referred to as "Dutch Ovens".

7. The Dutch Oven combines two utilitarian features — automatic shut-off and heat retention. No other gas range on the market has the unique combination of these two features.

8. Globe nationally advertised Dutch Ovens with declarations as follows:

"Exclusive, The Only Range In The World That Automatically Turns Off Its Own Gas And Keeps On Cooking."

"Only Dutch Oven automatically turns off the gas and keeps right on cooking."

9. Globe is now, and since 1937 has been, the only manufacturer of automatic shut-off, heat-retained gas ranges in the United States.

10. No distributor of home appliances in the United States, including Fargo, could obtain automatic shut-off, heat-retained gas ranges from any manufacturer other than Globe.

11. Some of the features of the Dutch Oven are covered by United States patents owned by Globe, and the defendants have so advertised same.

12. For several years prior to 1945, Globe made plans for the post-war reconversion of the Kokomo Division to peace-time work, and for the post-war distribution and sale of Dutch Ovens throughout all of the States of the United States and the District of Columbia.

13. By 1944, Globe determined to confine the manufacturing facilities of the Kokomo Division to the manufacture of Dutch Ovens exclusively.

14. In 1944, it sold its solid fuel stove business to the Indianapolis Stove Company.

15. In 1944, it engaged the engineering firm of Sanderson & Porter of New York City to study and submit plans for plant arrangement of then existing and new facilities of the Kokomo Division; said firm completed its study and rendered its report to Globe.

16. In 1944, it engaged the engineering firm of Barnes & Reinecke of Chicago, Illinios, to design and engineer tools and features and to lay ...


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