HOROWITZ v. NEWMAN

Civ. A. No. 16552.

175 F.Supp. 205 (1959)

Harry HOROWITZ and Abraham Schneiderman, Plaintiffs, v. Nathan NEWMAN, Louis Newman, and Morris D. Newman, co-partners, doing business under the trade name and style of Premier Products Co., Defendants.

United States District Court E. D. New York.

August 4, 1959.


Attorney(s) appearing for the Case

Mock & Blum, New York City, for plaintiffs. Alex Friedman and Charles Temko, New York City, of counsel.

Harry Price, New York City, for defendants.


BYERS, Chief Judge.

This cause for patent infringement involves a one-claim patent No. 2,737,942 for toy guns, issued March 13, 1956 on application filed May 11, 1953.

The defendants' alleged infringing structure is similar to that of the plaintiffs as marketed, in all apparent respects, to such an extent that many of the parts are interchangeable as to dimensions and apparent configuration; that fact however does not solve the question of infringement, since...

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