GOLD SEAL IMPORTERS v. WESTERMAN-ROSENBERG

No. 154.

133 F.2d 192 (1943)

GOLD SEAL IMPORTERS, Inc., v. WESTERMAN-ROSENBERG, Inc.

Circuit Court of Appeals, Second Circuit.

January 25, 1943.


Attorney(s) appearing for the Case

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

Max Ehrlich, of New York City (Samuel J. Ernstoff, of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND and FRANK, Circuit Judges.


PER CURIAM.

The plaintiff has appealed from a judgment dismissing its complaint with respect to a charge of infringement of Design Patent No. 125,540. By amended answer the defendant set up that the patent had been held invalid by this court in the case of Gold Seal Importers v. Morris White Fashions, 2 Cir., 124 F.2d 141, and moved for judgment on the pleadings. The motion was granted on the ground that the validity of the patent...

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