HELENE CURTIS INDUSTRIES, INC. v. SALES AFFILIATES, INC.


161 F.Supp. 345 (1958)

HELENE CURTIS INDUSTRIES, Inc., and Helene Curtis Sales, Inc., Plaintiffs, C. V. Layden, doing business as Southwestern Beauty Products Company, Plaintiff-Intervener, v. SALES AFFILIATES, Inc., Defendant. The GILLETTE COMPANY, Plaintiff, Skillern & Sons, Inc. and Walgreen Drug Company of Texas, Plaintiffs-Interveners, v. SALES AFFILIATES, Inc., Defendant. SALES AFFILIATES, Inc., Plaintiff, The Procter & Gamble Company, Involuntary Plaintiff, v. C. V. LAYDEN, doing business as South-western Beauty Products Company, Defendant. SALES AFFILIATES, Inc., Plaintiff, The Procter & Gamble Company, Involuntary Plaintiff, v. SKILLERN & SONS, Inc., Walgreen Drug Company of Texas, and The Gillette Company, Defendants.

United States District Court S. D. New York.

Supplemental Judgment and Opinion April 4, 1958.

Appeal Dismissed May 29, 1958.


Attorney(s) appearing for the Case

Cravath, Swaine & Moore, New York City, for plaintiff, Bruce Bromley, New York City, of counsel.

Kenyon & Kenyon, New York City, for Helene Curtis Industries, Inc., and others, Theodore S. Kenyon, Malvin R. Mandelbaum, New York City, and Adolph A. Rubinson and Maurice S. Cayne, Chicago, Ill., of counsel.

Henry R. Ashton, New York City, for Gillette Co., Edgar H. Kent and Rynn Berry, New York City, of counsel.

Hawkins, Delafield & Wood, New York City, for Skillern & Sons, Inc. and Walgreen Drug Co. of Texas, Clarence Fried, New York City, of counsel.

Halpin, Keogh & St. John, New York City, for defendant, Sales Affiliates, Inc., Eugene J. Keogh, New York City, of counsel.


IRVING R. KAUFMAN, District Judge.

On April 30, 1954, this Court held, in a declaratory action between the parties to the instant proceeding, that defendant's U. S. Patent No. 2,577,710 (hereinafter called "710") was invalid.1 At that time, the defendant had a continuation-in-part application pending before the Patent Office. In January 1955, the defendant assigned that application to a Virginia...

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