J. H. Balmer Co. v. Bay Ridge Specialty Co.

FORMAN, District Judge.

This suit was brought for infringement of design patent No. 78,498,■ issued on May-14, 1929, for a term of fourteen years, on an application -filed March 15, 1929, by John H. Balmer, president of the plaintiff company. It is for a combined tooth brush and tumbler holder. After the design was created, some fifty samples were made in preparation for plaintiff’s launching the patented article on the market. Due- to economic reasons plaintiff’s design was not put on the market. Defendant is alleged to- have pre-empted the field with its design infringeing on plaintiff’s…