Lichtenstein v. Phipps
District Court, S.D. New York
In Equity. Suit in equity to restrain alleged infringement of United States design patent No. 38,412, dated January 15, 1907, for “hatband,” and for an accounting, or $250 statutory liability.
1Opinion of the Court
RAY, District Judge.
The validity of the patent to Isaac Lichtenstein, No. 38,412, dated January 15, 1907, for design for hatband, is presumed, and not questioned. Defendant does not deny that lie infringed this patent by making sailor hats to which he attached hatbands bearing the design of the patent in question and selling same. He denies that he knew the design was patented. It appears from the evidence that the patentee was engaged in making and selling hats with bauds of this design; that after the patent was applied for, and before it was granted, he placed a tag between the band and…
2Cases cited6 opinions
- Dunlap v. SchofieldSupreme Court of the United States · 1894
- Westinghouse Electric & Mfg. Co. v. Condit Electrical Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1908
- Smith v. StewartU.S. Circuit Court for the District of Eastern Pennsylvania · 1893
- Gimbel v. HoggCourt of Appeals for the Third Circuit · 1899
- Pirkl v. SmithU.S. Circuit Court for the District of Eastern New York · 1890
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