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GOLD SEAL IMPORTERS v. MORRIS WHITE FASHIONS

No. 108.

124 F.2d 141 (1941)

GOLD SEAL IMPORTERS, Inc., v. MORRIS WHITE FASHIONS, Inc.

Circuit Court of Appeals, Second Circuit.

December 23, 1941.

Attorney(s) appearing for the Case

Dean, Fairbank & Hirsch, of New York City (Morris Hirsch, of New York City, of counsel), for appellant.

Archibald Palmer, of New York City (Samuel Hassen, of New York City, of counsel), for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This is a suit for infringement of a design patent, No. 125,540, issued on February 25, 1941 to Leo Friedman and by him assigned to the plaintiff. The design is for a lady's handbag. Upon motion for a preliminary injunction, the patent was held valid and infringed and the injunction was granted upon the plaintiff's posting a $5,000 bond. Thereafter the case came on for final hearing before another district judge, who held that a prior art bag...

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