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H. W. GOSSARD CO., v. NEATFORM CO.

Nos. 167-171, Dockets 24305-24309.

240 F.2d 948 (1957)

The H. W. GOSSARD CO., Plaintiff-Appellant, v. The NEATFORM CO., Inc., Defendant-Appellee (and four other consolidated actions).

United States Court of Appeals Second Circuit.

Decided February 7, 1957.

Attorney(s) appearing for the Case

Arthur H. Boettcher, of Brown, Jackson, Boettcher & Dienner, Chicago, Ill. (Arthur C. Johnson, Chicago, Ill., and Donald Malcolm, New York City, on the brief), for plaintiff-appellant.

Armand E. Lackenbach, New York City (Burton Perlman, New York City, on the brief), for defendants-appellees.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

This appeal is from Judge Dawson's decision, D.C.S.D.N.Y., 143 F.Supp. 139, holding invalid for want of invention Design Patent 174,054, issued February 15, 1955, for an ornamental "Panty Girdle." A panty girdle is an apparently well-known article of feminine underwear of that type known in the trade as a "foundation" garment — a term which reappears in the corporate names of three of the five admittedly infringing...

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