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LODEWICK v. MAVCO, INC.

No. 33, Docket 24100.

239 F.2d 171 (1956)

Madeleine LODEWICK and Mildred Lodewick, Plaintiffs-Appellants, v. MAVCO, Inc., Malcolm A. Vendig, Fifth Avenue Plastics, Inc. and David M. Rubin, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 3, 1956.

Attorney(s) appearing for the Case

I. Walton Bader, New York City (Bader & Bader, New York City, on the brief), for plaintiffs-appellants.

Samuel Rubin, New York City (Conrad & Smith, New York City, on the brief), for defendants-appellees.

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

PER CURIAM.

The decision below holding the plaintiffs' design patent for a toothbrush and its casing invalid for want of invention or novelty is clearly correct. To salvage something from the situation plaintiffs now attempt to show a breach of confidential relations by defendants in marketing a toothbrush made according to a design disclosed confidentially by plaintiffs to defendants. If we may properly reach this issue not pleaded or raised below, we can see no...

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