FRANKLIN KNITTING MILLS v. GROPPER KNITTING MILLS

No. 14.

15 F.2d 375 (1926)

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

Circuit Court of Appeals, Second Circuit.

November 3, 1926.


Attorney(s) appearing for the Case

Harold R. Lowe, of Jamestown, N. Y. (Edward M. Evarts, of New York City, of counsel), for appellant.

Goldenberg & Silverman, of New York City, for appellee.

Before MANTON, HAND, and MACK, Circuit Judges.


MACK, Circuit Judge.

The trial judge, doubting infringement and finding lack of novelty and invention in design patent No. 43,459, for knitted necktie, issued January 21, 1913, dismissed the bill for infringement thereof.

Concededly, the so-called "merrowed" edge shown in patent drawing is new; so, too, is the concave curve of the tapering ends and the rounded tongues or points; the relative size of the two ends is old. Defendant copies the merrowed edge and...

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