Legal Opinion

Zidell v. Dexter

District Court, S.D. California

Decided July 2, 1919No. E-3PublishedCited by 1 opinion

In Equity. Suit by William I. Zidell against Mrs. Billie Dexter, trading as the Billie Bumps Manufacturing Company, and Arthur Letts, trading as the Broadway Department Store.

1Opinion of the Court

TRIPPET, District Judge.

This suit was brought to establish that certain articles of manufacture are infringements of a patent for “children’s rompers.” The design is very beautiful and attractive, and is called the “Patsy Romper.” I stated at the close of the trial of this case that I was satisfied that the plaintiff had a valid patent. It is necessary, however, to determine whether or not there is an infringement in this case. The rule to determine whether- or not there is an infringement is stated in Gorham Co. v. White, 81 U. S. (14 Wall.) 511, 20 L. Ed. 731, and in Byram v. Friedberger,…

2Cases cited3 opinions

  1. Gorham Co. v. WhiteSupreme Court of the United States · 1872
  2. Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
  3. Byram v. FriedbergerCourt of Appeals for the Third Circuit · 1900

3Cited by1 opinion

  1. Eloesser-Heynemann Co. v. Bayly-Underhill Mfg. Co.District Court, D. Colorado · 1928

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