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ESKIMO PIE CORPORATION v. LEVOUS

24 F.2d 599 (1928)

ESKIMO PIE CORPORATION v. LEVOUS et al.

District Court, D. New Jersey.

February 8, 1928.

Attorney(s) appearing for the Case

Everett & Rook, of New York City, and Henry B. Floyd, of Washington, D. C., for plaintiff.

John C. Kerr, Warren B. Hutchinson, and Ramsay Hoguit, all of New York City, for defendants.

BODINE, District Judge.

This is an action for the infringement of United States letters patent No. 1,404,539, to Nelson, and also the registered trade-marks "Eskimo Pie," No. 155,844, and "Pie," No. 162,585.

The Nelson patent was applied for December 23, 1921, and is for a confection consisting of a block of ice cream coated with chocolate. The claims in suit are the first six.

The gist of the invention, if there be one, is in sealing a block of ice...

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