ESKIMO PIE CORPORATION v. ARCTIC FRUIT ICES

No. 2756.

15 F.2d 853 (1926)

ESKIMO PIE CORPORATION v. ARCTIC FRUIT ICES, Inc.

District Court, E. D. New York.

October 29, 1926.


Attorney(s) appearing for the Case

Everett & Rook, of New York City, and Henry B. Floyd, of Chicago, Ill., for plaintiff.

Harry Heiman, of New York City, for defendant.


CAMPBELL, District Judge.

This is a motion for an injunction pendente lite in an action in equity brought to restrain the alleged infringement of patent No. 1,404,539, issued by the United States Patent Office to Christian K. Nelson, for confection, dated January 24, 1922, which said patent is owned by the plaintiff. The only defense tendered by the answer is noninfringement; the validity of the patent is not attacked.

On May 23, 1925, the plaintiff entered...

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