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WEMBLEY, INC. v. SUPERBA CRAVATS, INC.

No. 52, Docket 27413.

315 F.2d 87 (1963)

WEMBLEY, INC., Appellant, v. SUPERBA CRAVATS, INC., Appellee.

United States Court of Appeals Second Circuit.

Decided March 8, 1963.

Attorney(s) appearing for the Case

Samuel Scrivener, Jr., Washington, D. C. (John H. O. Clarke, Scrivener & Parker, Washington, D. C., George W. Shaw, Edward H. Cumpston, and Cumpston & Shaw, Rochester, N. Y., on the brief), for appellant.

B. Edward Shlesinger, Rochester, N. Y. (Philip K. Fitzsimmons, Sol. M. Linowitz, and Harris, Beach, Keating, Wilcox, Dale & Linowitz, Rochester, N. Y., on the brief), for appellee.

Before MEDINA, WATERMAN and MOORE, Circuit Judges.

MEDINA, Circuit Judge.

The parties here are necktie manufacturers, and plaintiff appeals from a judgment of the United States District Court for the Western District of New York, Harold P. Burke, Judge, dismissing without prejudice its complaint seeking a declaration of the invalidity of defendant's patent on a particular necktie manufactured and sold by defendant, or of the non-infringement of said patent by a "proposed" necktie of plaintiff's. We hold that the complaint...

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