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TROY v. HAKIN BROS.-KASSAR CO.

No. 7279.

8 F.Supp. 1018 (1934)

TROY et al. v. HAKIN BROS.-KASSAR CO., Inc.

District Court, E. D. New York.

November 22, 1934.

Attorney(s) appearing for the Case

Warfield & Brown, of New York City (Donald L. Brown, of New York City, and William J. Graham, of Washington, D. C., of counsel), for plaintiffs.

Morris Grossman, of New York City, for defendant.

GALSTON, District Judge.

This is a design patent infringement suit in which infringement is alleged of design patent No. 84,664. This patent was issued the 14th day of July, 1931, to Seymour Troy for a new and ornamental design for a woman's shoe.

The defendant relies wholly upon its own prior use. Lanzillotti, a shoe designer, employed by Hakin Bros.-Kassar Company, Inc., the defendant, from 1923 to 1929, testified...

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