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BELDING HEMINWAY CO. v. FUTURE FASHIONS

No. 315.

143 F.2d 216 (1944)

BELDING HEMINWAY CO. v. FUTURE FASHIONS, Inc.

Circuit Court of Appeals, Second Circuit.

June 13, 1944.

Attorney(s) appearing for the Case

Charles Sonnenreich, of New York City, for appellant.

Frederick W. P. Lorenzen and Dwight, Harris, Koegel & Caskey, all of New York City (Caesar L. Pitassy, of Mount Vernon, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

PER CURIAM.

This appeal falls exactly within our ruling in White v. Leonore Frocks, Inc., 2 Cir., 120 F.2d 113, except for the letter written by the defendant (which it apparently later recanted), in which it admitted that it had "infringed" the patent. Apparently at that time it meant to concede, not only that the dresses which it was selling were a copy of the design — indeed, there could be no dispute about that —...

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