Hansen v. Siegel-Cooper Co.

LACOMBE, Circuit Judge.

It is possible, though highly improbable, that two persons, neither of whom had even seen or been informed of the other’s design, might have produced packages as similar as the two before the court. But there is no dispute that the designer of the Van Duzer package had complainant’s before him when he undertook to prepare his own. As is invariably the case when these suits come into court, there is an affidavit of the designer of the later package to the effect that his entire effort “was to individualize our own goods.” Quite possibly an interested party may so…