Troy v. Hakin Bros.-Kassar Co.

G ALSTON, District Judge.

This is a design patent infringement suit in which infringement is alleged of design patent No. 84,664. This patent was issued the 14th day of July, 1931, to Seymour Troy for a new and ornamental design for a woman’s shoe.

The defendant relies wholly upon its own prior use. Lanzillotti, a shoe designer, em-' ployed by Haldn Bros.-Kassar Company, Inc., the defendant, from 1923 to 1929, testified that during that time he designed all the shoes for that company. He identified Defendant’s Exhibit A as a shoe which he had designed prior to 1929. He cut the pattern of the…