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GOOD HUMOR CORPORATION v. BLUEBIRD ICE CREAM & C. R.

No. 6414.

1 F.Supp. 850 (1932)

GOOD HUMOR CORPORATION OF AMERICA v. BLUEBIRD ICE CREAM & CHARLOTTE RUSSE, Inc.

District Court, E. D. New York.

November 29, 1932.

Attorney(s) appearing for the Case

Phillips, Mahoney, Libell & Fielding, of New York City (Samuel E. Darby, Jr., of New York City, of counsel), for plaintiff.

Celler & Kraushaar, of New York City (W. Lee Helms, of New York City, of counsel), for defendant.

GALSTON, District Judge.

This is a patent suit in which infringement is alleged of letters patent No. 1,470,524 granted October 9, 1923, and No. 1,718,997 granted July 2, 1929, to Harry B. Burt. The former patent is for a process of making frozen confections, and claims 1, 2, and 5 are in issue; the second patent is for a frozen confection, and claims 1, 5, and 7 thereof are in issue.

The Process Patent.

Reference to the specification discloses that...

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