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AMERICAN FABRICS CO. v. RICHMOND LACE WORKS

No. 152.

24 F.2d 365 (1928)

AMERICAN FABRICS CO. v. RICHMOND LACE WORKS et al.

Circuit Court of Appeals, Second Circuit.

February 6, 1928.

Attorney(s) appearing for the Case

Frederick S. Duncan, of New York City, for appellant.

Berry, Bucknam & Lovejoy, of Boston, Mass., and Henry Warren Beebe, of New York City, for appellees.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

The District Judge assumed the validity of the patent, but found that the defendants' lace did not infringe the plaintiff's design, and that neither the count on the contract nor the count charging unfair competition was established. A photostatic copy of a sample of plaintiff's lace, exemplifying its patented design, is shown at the end of this opinion. It is known as an all-over pattern, and is suitable for bedspreads, tablecloths, bureau covers...

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