Legal Opinion
International Silver Co. v. Julie Pomerantz
Court of Appeals for the Second Circuit
Decided October 7, 1959No. 25506_1PublishedCited by 23 opinions
1Opinion of the Court
HINCKS, Circuit Judge.
This is an action brought for the infringement of United States Patent Design No. 176,601 by the plaintiff as as-signee of Doerfler, the designer. The defendant, by answer and counterclaim, asserted that the patent was invalid and not infringed. The judge below decided both issues in favor of the plaintiff and this appeal followed.
The subject of the patent is an “ornamental design for a spoon or other similar article of flatware.” The salient feature of the design is the shape of the handle which, from a front view, widens out from the bowl to reach its maximum width at…
2Cases cited12 opinions
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- General Time Instruments Corp. v. United States Time Corp.Court of Appeals for the Second Circuit · 1948
- Vacheron & Constantin-Le Coultre Watches, Inc. v. Benrus Watch Company, Inc.Court of Appeals for the Second Circuit · 1958
- Robert C. Watson, Commissioner of Patents v. Thomas J. AllenCourt of Appeals for the D.C. Circuit · 1958
- Graff, Washbourne & Dunn v. WebsterCourt of Appeals for the Second Circuit · 1912
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Blisscraft of Hollywood v. United Plastics Company, Marmax Products Corp., and Morris Shapiro, Doing Business as Great Eastern Housewares CompanyCourt of Appeals for the Second Circuit · 1961
- In Re James A. Smith and James H. McLaughlin and Sterling Drug, Inc., IntervenorCourt of Appeals for the Federal Circuit · 1983
- Hygienic Specialties Co. v. H. G. Salzman, Inc., Hutzler Mfg. Co., and C. B. Cotton & Co., Inc.Court of Appeals for the Second Circuit · 1962
- In Re Phylliss B. MannCourt of Appeals for the Federal Circuit · 1988
- William R. Watts v. The University of Delaware, an Agency of the State of DelawareCourt of Appeals for the Third Circuit · 1980
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