Eskimo Pie Corporation v. National Ice Cream Co.

DENISON, Circuit Judge.

In an infringement suit brought by appellant in the court below for infringement of patent 1,-404,539, issued January 24, 1922, to Nelson, for the confection which has received the trade-name “Eskimo Pie,” the trial court denied a preliminary injunction, because the patent had not been adjudicated or complainant’s rights otherwise sufficiently established. The only question presented by this appeal is whether the defendant, by having accepted a license under the patent, was estopped to question its validity.

The license was, in general, in customary form. Defendant…