Franklin Knitting Mills, Inc. v. Gropper Knitting Mills, Inc.

MACK, Circuit Judge.

The trial judge, doubting infringement and finding lack of novelty and invention in design patent No. 43,459, for knitted neektie, issued January 21, 1913, dismissed the bill for infringement thereof.

Concededly, the so-called “merrowed” .edge shown in patent drawing is new; so, too, is the concave, curve of the tapering .ends and the rounded tongues or points; ,the relative size of the two ends is old. Defendant copies the merrowed edge and the .rounded point; neither party in practice has the concave curve.

Plaintiff’s tie has been commercially highly successful; defendant…