GERLACH-BARKLOW CO. v. MORRIS & BENDIEN

No. 182.

23 F.2d 159 (1927)

GERLACH-BARKLOW CO. v. MORRIS & BENDIEN, Inc.

Circuit Court of Appeals, Second Circuit.

December 19, 1927.


Attorney(s) appearing for the Case

Munn, Anderson & Munn, of New York City (T. H. Anderson and Albert J. Clark, both of New York City, of counsel), for appellant.

Edwards & Henry, of New York City (O. Ellery Edwards, Augustus M. Henry, and Arthur G. Previn, all of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


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

The parties will be referred to as plaintiff and defendant. One of the errors assigned by the defendant is the finding of infringement. The memorandum of the judge states, not only that the defendant purposely made its picture in close imitation of the plaintiff's, but also that the slight differences which exist were put in merely for the purpose of attempting to make it possible for defendant to appropriate...

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