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NAT LEWIS PURSES v. CAROLE BAGS

No. 344.

83 F.2d 475 (1936)

NAT LEWIS PURSES, Inc., v. CAROLE BAGS, Inc.

Circuit Court of Appeals, Second Circuit.

May 11, 1936.

Attorney(s) appearing for the Case

Nathan Schoenberg, of New York City (Harris Jay Griston, of New York City, of counsel), for appellant.

Halpert & Burger, of New York City (Louis Schumacher, of New York City, of counsel), for appellee.

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

PER CURIAM.

This is an appeal from a decree denying an injunction pendente lite for the acknowledged infringement of design patent, No. 96,768. Though the patent, which is for a woman's purse, has never been adjudicated, the defendant must make some attack upon its validity to justify its conduct. It does; it has produced Specht's patent, 1,022,976, and some purses manufactured in accordance with its disclosure. There are differences between these and

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