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ROOTED HAIR, INC. v. IDEAL TOY CORP.

No. 194, Docket 27858.

329 F.2d 761 (1964)

ROOTED HAIR, INC., Plaintiff-Appellant, v. IDEAL TOY CORP., Defendant, and A & B Wig Co., Inc., et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided March 31, 1964.

Attorney(s) appearing for the Case

Robert W. Fiddler, New York City (Martin G. Reiffin, New York City, on the brief), (Harry Rosenblatt and Arthur T. Fattibene, New York City, of counsel), for plaintiff-appellant.

Maxwell James, New York City (James & Franklin, New York City, on the brief), for defendants-appellees A & B Wig Co., Inc. and A & B Wig Co.

Thomas J. Byrne, Jr., New York City (Keith, Isner, Byrne, Des Marais & Chandler, New York City, on the brief), for defendants-appellees Horsman Dolls, Inc., and others.

Before MEDINA, WATERMAN and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge:

This suit was brought by plaintiff, assignee of United States Letters Patent Nos. 2,670,570 (issued to Morris Gnaizda) and 2,698,019 (issued to Bernard Sotzky), against the named defendants, for infringement of its patents. The action against defendant Ideal Toy Company was discontinued by stipulation and proceeded against the appellants, who are manufacturers of dolls and doll wigs. The defenses relied upon were, with regard to Gnaizda, anticipation...

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