Kurtz v. Belle Hat Lining Co.
Court of Appeals for the Second Circuit
Appeal from the District Court'of the United States for the Southern District of New York. Suit in equity for infringement of a patent by Alfred Kurtz and another against the Belle Hat Dining Company, Inc. Bill dismissed, and plaintiffs appeal. Action is upon patent to Kurtz, 1,216,140, dated February 13, 3017, for “lining for hats.”
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Appeal from the District Court'of the United States for the Southern District of New York. Suit in equity for infringement of a patent by Alfred Kurtz and another against the Belle Hat Dining Company, Inc. Bill dismissed, and plaintiffs appeal. Action is upon patent to Kurtz, 1,216,140, dated February 13, 3017, for “lining for hats.” The patent contains two claims, both in suit, of which the second is most specific and is as follows: " “A hat. lining comprising a crown piece, a side piece, an uncovered cord exposed between said crown piece and side piece, and moans for securing said crown…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The record in the cause reported in 263 Fed. 392, is an exhibit in this case. We have examined it, and are of opinion that, though the cause at bar was tried with more elaboration and at greater length, there is no substantial difference between the two proceedings. In both, defendants wasted much time in fruitlessly endeavoring to show prior uses; but in this case Mr. Rawák himself appeared as the principal witness for the de-fence. His evidence accentuates the truth stated by Judge Mayer at the earlier trial — that there was no prior art except Rawak. Yet…
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- George Frost Co. v. CohnCourt of Appeals for the Second Circuit · 1902
- H. D. Smith & Co. v. PeckCourt of Appeals for the Second Circuit · 1919
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