Rousso v. Elco Towel Cabinet Co.

FRANK J. COLEMAN, District Judge.

The patent in suit is on the design of a towel cabinet. It expired a few days after the action was commenced, and plaintiff does not now seek an injunction, but damages and an accounting of defendant’s profits. Defendant denies the validity of the patent, denies the infringement, and sets up a defense of laches on plaintiff’s part in the bringing of the action.

Plaintiff obtained, not only the design patent, but also a mechanical patent on the cabinet. In an action brought by this plaintiff in the district of Minnesota against other persons unconnected with…