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FRANKART, INC. v. EVERLITE NOVELTY MFG. CO.

No. 7384.

11 F.Supp. 680 (1935)

FRANKART, Inc., v. EVERLITE NOVELTY MFG. CO. et al.

District Court, E. D. New York.

June 24, 1935.

Attorney(s) appearing for the Case

Morris Kirschstein, of New York City, for plaintiff.

Abraham Sarason, of Brooklyn, N. Y. (W. Lee Helms, of New York City, of counsel), for defendants.

MOSCOWITZ, District Judge.

This is an action for infringement of design letters patent No. 80,059, issued December 3, 1929 to Frankart, Inc., the plaintiff herein, as assignee of Arthur von Frankenberg, the patentee. The issues are validity and infringement.

The plaintiff is engaged in the manufacture of gift articles, such as table lamps, ash trays, smoking stands, and the like. Von Frankenberg, the patentee, is a sculptor who has been in the employ of the...

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