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BETMAR HATS v. YOUNG AMERICA HATS

No. 134.

116 F.2d 956 (1941)

BETMAR HATS, Inc., v. YOUNG AMERICA HATS, Inc., et al.

Circuit Court of Appeals, Second Circuit.

January 22, 1941.

Attorney(s) appearing for the Case

Harry Price, of New York City (Lester Gutterman, of New York City, of counsel), for complainant-appellant.

Irving Lederman, of Brooklyn, N. Y. (Joseph G. M. Browne, of Brooklyn, N. Y., of counsel), for defendants-appellees.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

On August 29, 1939, the defendant Bryan was granted a design patent D-116,426 for a certain type of woman's hat. He testified, on examination before trial, that he had designed the hat covered by his patent and put it on the market in June, 1939. The complainant furnished proof by affidavit that the hats which it had marketed and which are said by the defendants to infringe the Bryan design patent, were designed by complainant's president...

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