AERO NECK-BAND & COLLAR CO. v. FENWAY FABRICS


19 F.Supp. 846 (1937)

AERO NECK-BAND & COLLAR CO., Inc., et al. v. FENWAY FABRICS, Inc., and seven other cases.

District Court, S. D. New York.

June 22, 1937.


Attorney(s) appearing for the Case

Maxwell E. Sparrow, of New York City (W. Hastings Swenarton, Maxwell E. Sparrow, and Robert M. Kristal, all of New York City, of counsel), for plaintiffs.

Hays, St. John, Abramson & Schulman, of New York City (John Schulman, and Irving F. Goodfriend, both of New York City, of counsel), for defendants Fenway Fabrics, Inc. and Estes & Blum, Inc.

Charles Marcus, of New York City (Irving F. Goodfriend, of New York City, of counsel), for defendants Dresswell Shirts, Inc., Beaver Mfg. Co., Inc., Apex Shirt Trimming Company, Inc., Hyman Heller, doing business as Perfect Neck Band Company, Frances Emblems, Inc., Chemical Coating & Treating Co., Charles Emmey, and Frederick N. Duerk.

Frederick Griswold, Jr., of New York City (Frederick Griswold, Jr., of New York City, and J. Russell Juten, of Washington, D. C., of counsel), for defendant Criterion Shirt Band Co., Inc.


WOOLSEY, District Judge.

I hold that the plaintiffs may file the proposed disclaimers submitted by their counsel during the trial and dealing with all four claims of this patent.

On the basis of the claims so narrowed by these disclaimers, I hold all four claims valid.

I hold that the first claim — the basis of the suit as against all the defendants except the Criterion Shirt Band Company, Inc. — was directly infringed by Dresswell Shirts...

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