FRANKART, INC. v. APT NOVELTY CO.


57 F.2d 757 (1931)

FRANKART, Inc., v. APT NOVELTY CO., Inc., et al.

District Court, S. D. New York.

November 9, 1931.


Attorney(s) appearing for the Case

Morris Kirschstein, of New York City, for plaintiff.

Levisohn, Niner & Levisohn, of New York City (Edwin Levisohn, of New York City, of counsel), for defendants.


PATTERSON, District Judge.

The plaintiff is the owner of design patent 83080 and claims infringement. The defenses are the usual ones of invalidity and noninfringement. The patent covers a design for an ash tray. At one end there is a pedestal and on the pedestal is seated the figure of a nude girl with one leg outstretched over the tray and the other leg bent at the knee with the hands clapsed around it. The head is turned to the left and inclined downward. The general...

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