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SECRETARY PEN CO. v. EVERLAST PEN CORP.

No. 142, Docket 21855.

186 F.2d 575 (1951)

SECRETARY PEN CO., Inc., et al. v. EVERLAST PEN CORP.

United States Court of Appeals Second Circuit.

Decided January 29, 1951.

Attorney(s) appearing for the Case

Rudolf Callmann, Greene, Pineles & Durr, New York City, for plaintiffs-appellants. Orville N. Greene, New York City, and Joseph Y. Houghton, Washington, D. C., of counsel.

Nichol M. Sandoe, New York City, for defendant-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The complaint alleges as a first cause of action that the plaintiff Wuestman is the inventor of an advertising pencil for which U. S. Letters Patent No. 2,264,194 were issued to him on November 25, 1941; that thereafter he granted an exclusive license to manufacture, use and sell his invention to the plaintiff Secretary Pen Company, and that the defendant Everlast Pen Corp. has infringed the patent by making and selling advertising...

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