CHENEY BROS. v. DORIS SILK CORPORATION

No. 89.

35 F.2d 279 (1929)

CHENEY BROS. v. DORIS SILK CORPORATION.

Circuit Court of Appeals, Second Circuit.

October 21, 1929.


Attorney(s) appearing for the Case

Harry D. Nims, of New York City (Minturn De S. Verdi and Wallace H. Martin, both of New York City, on the brief), for appellant.

Epstein & Bros., of New York City (Arthur J. Brothers, of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


L. HAND, Circuit Judge.

The plaintiff, a corporation, is a manufacturer of silks, which puts out each season many new patterns, designed to attract purchasers by their novelty and beauty. Most of these fail in that purpose, so that not much more than a fifth catch the public fancy. Moreover, they have only a short life, for the most part no more than a single season of eight or nine months. It is in practice impossible, and it would be very onerous if it were not...

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