Graphicana Corporation v. Baia Corporation

PECK, Circuit Judge,

The appellant is the owner of Patent No. 3,561,146 for a photograph display device consisting of a transparent, hollow cube, an inner foam cube which serves to hold five photographs against the sides and top of the outer cube for display, and a mar-proof base. The appellant markets a device under the name “Graphicube”; the appellee markets a coneededly identical device under the name “Baia Instamount Photo Cube.”

The appellant’s complaint charged the appellee with patent infringement for marketing the appellant’s patented device and with unfair competition for utilizing the…