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FRANKLIN KNITTING MILLS v. GROPPER KNITTING MILLS

7 F.2d 381 (1925)

FRANKLIN KNITTING MILLS, Inc., v. GROPPER KNITTING MILLS, Inc.

District Court, S. D. New York.

July 7, 1925.

Attorney(s) appearing for the Case

Harold R. Lhowe, of New York City (Edward M. Evarts, of New York City, of counsel), for plaintiff.

C. Andrade, Jr., of New York City, for defendant.

WINSLOW, District Judge.

This action involves the design patent No. 43,459. The patent in suit was issued January 21, 1913, to J. Kelner and S. Worms, as a design for a knitted necktie. The application was filed August 1, 1912. The patent in suit was assigned to the plaintiff corporation.

The only claim in the patent is "the ornamental design for a knitted necktie as shown." Reference to the design drawing shows the conventional ends of a necktie with the...

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