Legal Opinion
Shoe Form Co. v. Irwin Corp.
District Court, S.D. New York
Decided October 22, 1946PublishedCited by 1 opinion
1Opinion of the Court
RIFKIND, District Judge.
The complaint alleges infringement by the defendant of plaintiff’s design patent and seeks an injunction and a judgment for damages and profits.
The case was tried to the court. The patent in issue is Des. 106968 “Design for a Box or similar article”. The single claim reads, “I claim: The ornamental design for a box or similar article substantially as shown.”
Fig. 2 is a section on the line 2&emdash;2 of Fig. 1.
The filewrapper shows a filing date of March 20, 1937. The first Patent Office action was taken on April 10, 1937. It re- jected the claim on the ground of…
2Cases cited8 opinions
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Nat Lewis Purses, Inc. v. Carole Bags, Inc.Court of Appeals for the Second Circuit · 1936
- Ashley v. Weeks-Numan Co.Court of Appeals for the Second Circuit · 1915
- Graff, Washbourne & Dunn v. WebsterCourt of Appeals for the Second Circuit · 1912
- Neufeld-Furst & Co. v. Jay-Day Frocks Inc.Court of Appeals for the Second Circuit · 1940
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Knickerbocker Plastic Co. v. Allied Molding Corp.District Court, S.D. New York · 1949