BLISSCRAFT OF HOLLYWOOD v. UNITED PLASTICS CO.

No. 362, Docket 26829.

294 F.2d 694 (1961)

BLISSCRAFT OF HOLLYWOOD, Plaintiff-Appellant, v. UNITED PLASTICS COMPANY, Marmax Products Corp., and Morris Shapiro, doing business as Great Eastern Housewares Company, Defendant-Appellees.

United States Court of Appeals Second Circuit.

Decided September 28, 1961.


Attorney(s) appearing for the Case

Harry Cohen, New York City (Stanley I. Rosen, New York City, on the brief), for plaintiff-appellant.

Lorimer P. Brooks, New York City (Ward, Neal, Haselton, Orme & McElhannon, New York City, on the brief), for defendant-appellees.

Before LUMBARD, Chief Judge, MOORE, Circuit Judge, and STEEL, District Judge.


STEEL, District Judge.

Since September 1954 plaintiff has been continuously engaged in the manufacture and sale of plastic pitchers covered by Design Patent 174,793. Plaintiff sold its pitchers with labels affixed carrying the words "Poly Pitcher," and also advertised the pitchers to the trade and public under that name. In May 1957 the defendant United Plastics Company began to manufacture and sell a pitcher having an appearance similar to plaintiff's, with labels...

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