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GENERAL TIME INSTR. CORP. v. UNITED STATES TIME CORP.

No. 114, Docket 20761.

165 F.2d 853 (1948)

GENERAL TIME INSTRUMENTS CORPORATION v. UNITED STATES TIME CORPORATION.

Circuit Court of Appeals, Second Circuit.

January 15, 1948.

Attorney(s) appearing for the Case

W. Brown Morton, of New York City (Rockwell & Bartholow, of New Haven, Conn., Pennie, Edmonds, Morton & Barrows and Raymond B. Canfield, all of New York City, and Richard E. Burn, of LaSalle, Ill., on the brief), for plaintiff-appellant.

John Vaughan Groner, of New York City (Robert B. Whittredge and Fish, Richardson & Neave, all of New York City, Wiggin & Dana, of New Haven, Conn., and C. Hercus Just, of Waterbury, Conn., on the brief), for defendant-appellee.

Before CHASE, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This is an action for infringement of a design patent and for unfair competition. Plaintiff for many years has manufactured and sold an alarm clock under the trademark "Big Ben." In 1939, it procured, on application of Henry Dreyfuss, a design patent, No. Des. 114,262, "Design for A Clock Casing," with a single claim "for a clock casing, as shown." The patent drawing shows a round clock case seated on a pedestal projecting above a flat rectangular...

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