Vicky Sportswear, Inc. v. Buntly Frocks, Inc.

S.D. New York

Vicky Sportswear, Inc. v. Buntly Frocks, Inc.

40 F. Supp. 55, 50 U.S.P.Q. (BNA) 44, 1941 U.S. Dist. LEXIS 2850

DecidedMay 14, 1941

StatusPublished

This text of 40 F. Supp. 55 (Vicky Sportswear, Inc. v. Buntly Frocks, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vicky Sportswear, Inc. v. Buntly Frocks, Inc., 40 F. Supp. 55, 50 U.S.P.Q. (BNA) 44, 1941 U.S. Dist. LEXIS 2850 (S.D.N.Y. 1941).

Pincite

Opinion

INCH, District Judge.

This is an action by Vicky Sportswear, Inc., assignee of United States Design Letters Patent No. 114,915 issued to Abraham T. Berman, April 18, 1939. Mr. Berman was a witness and the design of the patent could be compared with the alleged infringing dress.

It is unnecessary to do more in this decision than to say that, in my opinion, the design consisting of a combination of old features does not constitute invention.

Judgment should be given for the defendant. Submit findings of fact and conclusions of law.

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INCH, District Judge.

This is an action by Vicky Sportswear, Inc., assignee of United States Design Letters Patent No. 114,915 issued to Abraham T. Berman, April 18, 1939. Mr. Berman was a witness and the design of the patent could be compared with the alleged infringing dress.

It is unnecessary to do more in this decision than to say that, in my opinion, the design consisting of a combination of old features does not constitute invention.

Judgment should be given for the defendant. Submit findings of fact and conclusions of law.

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Bluebook (online)

40 F. Supp. 55, 50 U.S.P.Q. (BNA) 44, 1941 U.S. Dist. LEXIS 2850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vicky-sportswear-inc-v-buntly-frocks-inc-nysd-1941.