Legal Opinion
Berlinger v. Busch Jewelry Co.
District Court, E.D. New York
Decided August 19, 1930No. 4607Published
1Opinion of the Court
CAMPBELL, District Judge.
This is a suit in equity, for injunction, accounting, and damages for the alleged infringement of design patent No. 70,209, issued to the plaintiff for a wedding ring, dated May 25, 1926, on an application filed April 19, 1924.
The defenses are invalidity and noninfringement.
Not only is the patent presumptively valid, but it has been adjudicated to be valid after trial on the merits in this court, in the action of Berlinger v. Hoffman, 42 F.(2d) 677, opinion filed January 5, 1929, and the burden is upon the defendant to overcome this presumption.
The application was…
2Cases cited7 opinions
- Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
- Graff, Washbourne & Dunn v. WebsterCourt of Appeals for the Second Circuit · 1912
- American Fabrics Co. v. Richmond Lace WorksCourt of Appeals for the Second Circuit · 1928
- Mygatt v. SchafferCourt of Appeals for the Second Circuit · 1914
- Untermeyer v. FreundCourt of Appeals for the Second Circuit · 1893
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