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

G-ALSTON, District Judge.

This is a motion for a preliminary injunction based on the alleged infringement of letters patent No. 1,673,727 for a cigar lighter; issued June 12, 1928. The validity of the patent was sustained in Art Metal Works, Inc., v. Abraham Straus, Inc. (D. C.) 52 F.(2d) 951, modified (C. C. A.) 61 F.(2d) 122.

The outcome of the previous litigation between the parties was the holding that both forms of the defendant’s lighters, known, respectively, as the “Evans Automatic” and the “Evans Roller Bearing Lighter” infringed.

This present action involves a third form of lighter,…