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INTERNATIONAL SILVER CO. v. POMERANTZ

No. 313, Docket 25506.

271 F.2d 69 (1959)

INTERNATIONAL SILVER CO., Plaintiff-Appellee, v. Julie POMERANTZ, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 7, 1959.

Attorney(s) appearing for the Case

John P. Chandler, New York City, for defendant-appellant.

Leslie D. Taggart, New York City (Watson, Leavenworth, Kelton & Taggart and John T. Kelton, New York City, M. Taylor Mayes, Meriden, Conn., on the brief), for plaintiff-appellee.

Before SWAN, HINCKS and MOORE, Circuit Judges.

HINCKS, Circuit Judge.

This is an action brought for the infringement of United States Patent Design No. 176,601 by the plaintiff as assignee of Doerfler, the designer. The defendant, by answer and counterclaim, asserted that the patent was invalid and not infringed. The judge below decided both issues in favor of the plaintiff and this appeal followed.

The subject of the patent is an "ornamental design for a spoon or other similar article of flatware." The...

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