Legal Opinion

Forman v. American Exp. Co.

District Court, S.D. New York

Decided February 21, 1941No. Civ. A. No. 5-79PublishedCited by 2 opinions

1Opinion of the Court

BYERS, District Judge.

The plaintiff seeks an injunction and damages for the alleged infringement by the defendants of his design patent No. 111248 granted September 13, 1938. It is entitled “Design for a Propelled Vehicle”, and the claim is for “The ornamental design for a propelled vehicle, as shown”.

The drawings depict a vehicle containing one cross-seat to accommodate presumably two passengers in front, and directly behind, a smaller seat for a third person. The drawings further disclose that the seats are contained in a streamlined body of graceful and attractive appearance, which moves…

2Cases cited5 opinions

  1. Gorham Co. v. WhiteSupreme Court of the United States · 1872
  2. Ashley v. Samuel C. Tatum Co.Court of Appeals for the Second Circuit · 1911
  3. American Fabrics Co. v. Richmond Lace WorksCourt of Appeals for the Second Circuit · 1928
  4. Dixie-Vortex Co. v. Lily-Tulip Cup CorporationCourt of Appeals for the Second Circuit · 1938
  5. Scovill Mfg. Co. v. United States Electric Mfg. Corp.District Court, S.D. New York · 1940

3Cited by2 opinions

  1. Aileen Mills Co. v. Ojay Mills, IncorporatedDistrict Court, S.D. New York · 1960
  2. Levoy v. Styl-Rite Optical Corp.District Court, E.D. New York · 1949

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