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R. WALLACE & SONS MFG. CO. v. ELLMORE SILVER CO.

No. 2677.

91 F.Supp. 703 (1950)

R. WALLACE & SONS MFG. CO. v. ELLMORE SILVER CO., Inc., et al.

United States District Court D. Connecticut.

May 19, 1950.

Attorney(s) appearing for the Case

Harrison F. Turnbull, New Haven, Conn., Wiggin & Dana, New Haven, Conn. (John Vaughan Groner, Fish, Richardson & Neave, Edwin Levisohn, Harry Cohen, Levisohn, Niner & Cohen, Byron L. Shinn, Lipper, Shinn & Keely, all of New York City, of counsel), for plaintiff.

Thompson, Weir & MacDonald, Herbert S. MacDonald, New Haven, Conn., Pennie, Edmonds, Morton & Barrows, Dean S. Edmonds, New York City (A. H. Golden, New York City, John T. Farley, New York City, of counsel), for defendant.

HINCKS, Chief Judge.

Findings of Fact

1. This is an action charging infringement of Design Patent No. 126,117, issued to the plaintiff March 25, 1941 on the application of William S. Warren filed January 24, 1941.

2. The patent is directed to a "Design for a Spoon or Other Article of Flatware" and its single claim is "The ornamental design for a spoon or other article of flatware, substantially as shown...

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