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SCHNADIG CORP. v. GAINES MFG. CO., INC.

No. 77-1738.

620 F.2d 1166 (1980)

SCHNADIG CORPORATION, Plaintiff-Appellant, v. GAINES MANUFACTURING COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 8, 1980.

Attorney(s) appearing for the Case

Henry T. V. Miller, McDonald, Kuhn, Smith, Gandy, Miller & Tait, Memphis, Tenn., John W. Chestnut, Timothy L. Tilton, Chicago, Ill., for plaintiff-appellant.

Roy Keathley, Heiskell, Donelson, Adams, Williams & Kirsch, Memphis, Tenn., Edward A. Haight, Chicago, Ill., for defendant-appellee.

Before CELEBREZZE and ENGEL, Circuit Judges and PECK, Senior Circuit Judge.

ENGEL, Circuit Judge.

In this appeal we are asked to decide whether the infringer of a design patent can use the income taxes and fixed expenses attributable to his infringing activities to reduce the amount of his "total profit" from the infringement which a design patentee can recover under 35 U.S.C. § 289 (1976).

I. FACTS

Plaintiff Schnadig obtained a design patent on a three piece Spanish motif sectional sofa suite. In Schnadig Corp....

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