Popsicle Corp. v. Good Humor Corp.

WOOLLEY, Circuit Judge.

These are cross-appeals from an interlocutory deeree preliminarily enjoining, and failing to enjoin, the defendants from practices which, it is alleged, constitute violations of a license agreement and hence infringements of the plaintiff’s patents. Eelying upon the opinion of the trial court (59 F.(2d) 344) for a detailed statement of the facts, the following will be enough to bring into view the issues presently here on appeal.

In 1920 or 1921, Harry B. Burt, a manufacturer of ice cream, conceived the idea of making “ice cream, sherbet, ices, or the like” on a stick.…