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NEUFELD-FURST & CO. v. JAY-DAY FROCKS

No. 362.

112 F.2d 715 (1940)

NEUFELD-FURST & CO., Inc., v. JAY-DAY FROCKS Inc.

Circuit Court of Appeals, Second Circuit.

June 10, 1940.

Attorney(s) appearing for the Case

Nat C. Helman, of New York City (Harry Price, of New York City, of counsel), for appellant.

Charles Sonnenreich, of New York City, for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

PER CURIAM.

In this circuit it is firmly established that more is required for a valid design patent than that the design be new and pleasing enough to catch the trade; it must be the product of "invention," by which is meant that conception of the design must demand some exceptional talent beyond the skill of the ordinary designer. Nat Lewis Purses, Inc., v. Carole Bags, Inc., 2 Cir., 83 F.2d 475. Such a standard is necessarily vague...

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