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J. H. BALMER CO. v. BAY RIDGE SPECIALTY CO.

No. 4994.

20 F.Supp. 714 (1937)

J. H. BALMER CO. v. BAY RIDGE SPECIALTY CO., Inc.

District Court, D. New Jersey.

September 11, 1937.

Attorney(s) appearing for the Case

Jeffery, Kimball & Eggleston, of New York City (Oscar W. Jeffery, of New York City, of counsel), for plaintiff.

Albert Sperry, of New York City (Walter H. Free and Mark N. Donohue, both of New York City, of counsel), for defendant.

FORMAN, District Judge.

This suit was brought for infringement of design patent No. 78,498, issued on May 14, 1929, for a term of fourteen years, on an application filed March 15, 1929, by John H. Balmer, president of the plaintiff company. It is for a combined tooth brush and tumbler holder. After the design was created, some fifty samples were made in preparation for plaintiff's launching the patented article on the market. Due to economic reasons plaintiff's design...

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