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PADDIES, INC. v. BROADWAY DEPARTMENT STORES

Nos. 19058, 19405.

147 F.Supp. 373 (1956)

PADDIES, Inc., and Pauline D. Ney, Plaintiffs, v. BROADWAY DEPARTMENT STORES, Inc., and Broadway-Hale Stores, Inc., Defendants. PADDIES, Inc., and Pauline D. Ney, Plaintiffs, v. MAY DEPARTMENT STORES, a California Corporation, Defendant.

United States District Court S. D. California, Central Division.

December 28, 1956.

Attorney(s) appearing for the Case

Vernon D. Beehler and Huebner, Beehler, Worrel & Herzig, Los Angeles, Cal., for plaintiffs.

MacFarlane, Schaeffer & Haun, Los Angeles, Cal., for defendants, Broadway Dept. Stores, Inc., and others.

Lawler, Felix & Hall, Reed A. Stout, Edward T. Butler, Los Angeles, Cal., for May Dept. Stores, etc.

Fulwider, Mattingly & Huntley, Los Angeles, Cal., for defendants.

HARRISON, District Judge.

Involved here are two suits for infringement of Design Patent No. 144,255, issued on March 26, 1946, to Pauline D. Ney on application filed December 7, 1945. The actions are based on complaints filed by Pauline D. Ney, as owner of the patent in suit and Paddies, Inc., as exclusive licensee thereunder. The charges of infringement are based upon the sale by defendants of certain ladies' boudoir slippers, alleged by plaintiffs to infringe the...

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