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PERMA-FIT SHOULDER PAD CO. v. BEST MADE, ETC.

No. 8, Docket 23016.

218 F.2d 747 (1955)

PERMA-FIT SHOULDER PAD CO., Inc., Plaintiff-Appellee, v. BEST MADE SHOULDER PAD CORP., Shopad Co., Inc., Chic Pad Corp., Samuel Weber, Harold Weber, Murray Weber, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 20, 1955.

Attorney(s) appearing for the Case

Mock & Blum, Asher Blum, New York City, for defendants-appellants.

Kane, Dalsimer & Kane, New York City (Philip T. Dalsimer, Haynes N. Johnson and Alfred Sobol, New York City, of counsel), for plaintiff-appellee.

Before CLARK, Chief Judge, and FRANK and HARLAN, Circuit Judges.

HARLAN, Circuit Judge.

The District Court has held valid and infringed by the defendants-appellants U. S. Patent No. 2,478,340 for an "Apparel Pad and Method of Making the Same." The patent was issued on August 9, 1949 to Joseph A. Talalay, and thereafter he assigned it to the plaintiff-appellee.

The contending parties are rivals in the business of manufacturing shoulder pads used in male and female garments. Both the patented and allegedly infringing shoulder...

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