Legal Opinion

Gelardin v. Revlon Products Corp.

Court of Appeals for the Second Circuit

Decided January 7, 1948No. 104, Docket 20787PublishedCited by 9 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

This is an appeal from a judgment, dismissing the complaint in a patent infringement action because of the invalidity of the patent — No. 2,318,152. The primary object of the invention is to disclose “a cosmetic holder, all parts of which are wholly composed of plastic material”; and the mechanism disclosed was, in general, concededly old: that is to say: “a cosmetic holder in which the carrier for the cosmetic is advanced by the relative rotation of two slotted members.” However, no such holder had theretofore been made wholly of plastic; and hence the claims. It would…

2Cases cited8 opinions

  1. Potts v. CreagerSupreme Court of the United States · 1895
  2. Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
  3. Dewey & Almy Chemical Co. v. Mimex Co.Court of Appeals for the Second Circuit · 1942
  4. Lincoln Stores, Inc. v. Nashua Mfg. Co.Court of Appeals for the First Circuit · 1946
  5. Yablick v. Protecto Safety Appliance CorporationCourt of Appeals for the Third Circuit · 1927

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3Cited by9 opinions

  1. Pointer v. Six Wheel CorporationCourt of Appeals for the Ninth Circuit · 1949
  2. Kwikset Locks, Inc. v. Hillgren. Hillgren v. Kwikset Locks, Inc.Court of Appeals for the Ninth Circuit · 1954
  3. Magnus Harmonica Corporation v. Lapin Products, Inc.Court of Appeals for the Second Circuit · 1956
  4. Blanc v. Spartan Tool Co.Court of Appeals for the Seventh Circuit · 1948
  5. Aeration Processes, Inc. v. Walter Kidde & Co.District Court, W.D. New York · 1948

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