AILEEN MILLS CO. v. OJAY MILLS, INCORPORATED


188 F.Supp. 138 (1960)

AILEEN MILLS CO., Inc. and Morgan-Jones, Inc., Plaintiffs, v. OJAY MILLS, INCORPORATED, and Ostow & Jacobs, Inc., Defendants.

United States District Court S. D. New York.

October 24, 1960.


Attorney(s) appearing for the Case

Burke & Burke, New York City, for plaintiffs, George I. Harris, New York City, of counsel, and Eaton, Bell, Hunt & Seltzer, Charlotte, N. C., Donald M. Seltzer, Charlotte, N. C., of counsel.

Charles Sonnenreich, New York City, for defendants.


LEVET, District Judge.

Defendants moved for summary judgment to dismiss the cause of action for alleged patent infringement of plaintiffs' Design Patent No. 181,148, covering a textile fabric or similar article. Defendants claim that the bedspreads manufactured and sold by them do not infringe upon the design of the fabric illustrated and claimed in the patent in suit. This is a non-jury case.

The defendants' contentions are essentially as follows:

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