GRAY v. MONTGOMERY WARD & COMPANY

Civ. No. 63-118.

224 F.Supp. 760 (1963)

Robert H. GRAY, Plaintiff, v. MONTGOMERY WARD & COMPANY, a corporation, Defendant.

United States District Court D. Oregon.

November 14, 1963.


Attorney(s) appearing for the Case

Lamar Tooze, Jr., Tooze, Powers, Kerr, Tooze & Morrell, Eugene M. Eckelman, Portland, Or., for plaintiff.

J. Pierre Kolisch, Ramsey, Kolisch & Hartwell, Portland, Or., T. P. Jenkins, Indianapolis, Ind., for defendant.


EAST, District Judge.

It may well be, as plaintiff asserts, that Comet (the defendant's supplier of the accused device) deliberately set about to copy the assemblage and essential features of the Gray winch, but I am not sure from the evidence that Comet copied the design of the patented device shown in the Figs. of plaintiff's patent Des. 193,943. In any event, my first chore is to ascertain if Gray's claim of ornamental design for his winch is valid before being...

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