Legal Opinion

Phœnix Knitting Works v. Hygienic Fleeced Underwear Co.

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided September 13, 1911No. 605Published

In Equity. Suit by the Phoenix Knitting Works against the Hygienic Fleeced Underwear Company. On final hearing. Decree for defendant.

1Opinion of the Court

WITMER, District Judge.

The complainant owning design patent No. 39,347, for a neck scarf or muffler, issued under date of June 9, 1908, to Joseph Alead of Milwaukee, Wis., and assigned to the plaintiff several days thereafter, sues the defendant, the Hygienic Fleeced Underwear Company, in equity, for alleged infringement, and praying for an accounting and injunction. The answer denies infringement of any exclusive rights validly secured by said patent to the complainant.

*704The validity of the patent was sustained in a contested case. Phœnix Knitting Works v. Bradley Knitting Company (C. C.) 181…

2Cases cited12 opinions

  1. Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
  2. Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
  3. Cahoone Barnet Manuf'g Co. v. Rubber & Celluloid Harness Co.U.S. Circuit Court for the District of New Jersey · 1891
  4. Myers v. SternheimCourt of Appeals for the Ninth Circuit · 1899
  5. Phœnix Knitting Works v. Bradley Knitting Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1910

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