Legal Opinion

Berlinger v. Busch Jewelry Co.

Court of Appeals for the Second Circuit

Decided April 13, 1931No. 328PublishedCited by 16 opinions

1Opinion of the Court

MANTON, Circuit Judge.

The appellant is charged with the infringement of design letters patent No. 70,-209, issued May 25,1926, a design for a wedding ring. Both noninfringement and invalidity are asserted in the answer. The decree was for the appellee, and the appellant appeals. The .infringing devices are rings marked “Exhibits 8 and 9.” The patent resulted from an application filed April 19, 1924.

The application was rejected by the Examiner on the design, patent No. 48,282, dated November 30, 1915, mechanical patent No. 1,431,652, dated October 10, 1922, with the statement: “It would be a…

2Cases cited1 opinion

Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893

3Cited by16 opinions

Nat Lewis Purses, Inc. v. Carole Bags, Inc.Court of Appeals for the Second Circuit · 1936
S. Dresner & Son, Inc. v. DoppeltCourt of Appeals for the Seventh Circuit · 1941
Western Auto Supply Co. v. American-National Co.Court of Appeals for the Sixth Circuit · 1940
Horwitt v. Longines Wittnauer Watch Co., Inc.District Court, S.D. New York · 1975
Blisscraft v. Rona Plastic Corp.District Court, S.D. New York · 1954

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