Art Metal Works, Inc. v. Abraham & Straus, Inc.

MANTON, Circuit Judge.

The patent in suit, No. 1,673,727, for a cigar lighter, was held valid and infringed by the Evans automatic lighter and the Evans roller bearing lighter by this court, Art Metal Works, Inc., v. Abraham & Straus, Inc., 61 F.(2d) 122. These lighters were manufactured for the appellee by the Evans Case Company, the appellee selling to the retail trade. The Evans Case Company is openly defending this suit.

The present lighter, claimed to be an in-r fringement, is called the Trig-a-lite. In charging infringement, the appellant says that the Trig-a-lite is similar in…