Phœnix Knitting Works v. Hygienic Fleeced Underwear Co.
Court of Appeals for the Third Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania. Suit in equity by the Phoenix Knitting Works against the Pfygienic Fleeced Underwear Company. Decree (194 Fed. 703) for defendant, and complainant appeals.
1Opinion of the Court
GRAY, Circuit Judge.
The appellant, a corporation of the state of Wisconsin, was complainant in the court below, in a bill in equity alleging ownership, by assignment from one Joseph Mead,' the pat-entee, of design patent No. 39,347, dated June 9, 1908, entitled “Design for a Neck Scarf,” and charging defendant (the appellee) with infringement thereof by the manufacture and sale of knitted mufflers and neck scarfs bearing said alleged design. The defendant’s answer, inter alia, denied the validity of the patent, for want of patentable novelty and by reason of anticipation. Replication was…
2Cases cited1 opinion
- Western Electric Manuf'g Co. v. OdellDistrict Court, N.D. Illinois · 1883
3Cited by2 opinions
- Franklin Knitting Mills, Inc. v. Gropper Knitting Mills, Inc.Court of Appeals for the Second Circuit · 1926
- Macbeth-Evans Glass Co. v. Rosenbaum Co.District Court, W.D. Pennsylvania · 1912