GRUELLE v. MOLLY-'ES DOLL OUTFITTERS

No. 6243.

94 F.2d 172 (1938)

GRUELLE v. MOLLY-'ES DOLL OUTFITTERS, Inc., et al.

Circuit Court of Appeals, Third Circuit.

December 23, 1937.


Attorney(s) appearing for the Case

Howson & Howson and Charles H. Howson, all of Philadelphia, Pa. (Blair, Curtis, Dunne & Hayward and John W. Thompson, all of New York City, of counsel), for appellant.

Harry Langsam, of Philadelphia, Pa. (Peter P. Zion, of Philadelphia, Pa., of counsel), for appellees.

Before BUFFINGTON, DAVIS, and BIGGS, Circuit Judges.


BIGGS, Circuit Judge.

This is an appeal from a decree dismissing the bill of complaint in a suit brought by John B. Gruelle to enjoin trademark infringement and unfair competition upon the part of the appellees, to invalidate a design patent, No. 96,382, issued to the appellee, Mollye Goldman, by the United States Patent Office, and for certain other relief. A hearing was had upon a motion for a preliminary injunction, and thereafter it was stipulated by the parties...

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