C. F. MUELLER CO. v. A. ZEREGAS SONS

No. 353.

12 F.2d 517 (1926)

C. F. MUELLER CO. v. A. ZEREGAS SONS, Consolidated.

Circuit Court of Appeals, Second Circuit.

May 17, 1926.


Attorney(s) appearing for the Case

Mayer, Warfield & Watson, of New York City (Lawrence Bristol and Donald L. Brown, both of New York City, of counsel), for plaintiff.

Newell & Spencer, of New York City (Emerson R. Newell, of New York City, of counsel), for defendant.

Before ROGERS, HOUGH, and MACK, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

The design patent should have been invalidated. It does not pretend to cover anything except a piece of dough shaped like a letter W. Even assuming invention, it is open to at least two objections: (1) There is nothing about the design or shape which appeals to the æsthetic sense (Dietz Co. v. Burr, etc., Co., 243 F. 592, 155 C. C. A. 290); and (2) the record before us proves that the design is intended...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases