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S. WICHA INC. v. FORMAL DRESSES

32 F.Supp. 731 (1940)

S. WICHA, Inc., v. FORMAL DRESSES, Inc., et al.

District Court, S. D. New York.

February 26, 1940.

Attorney(s) appearing for the Case

Charles Sonnenreich, of New York City, for plaintiff.

Harry Lieberman, of New York City, for defendant.

MANDELBAUM, District Judge.

From the testimony and exhibits in this case I am not impressed that the plaintiff is the first inventor of the patented design which the plaintiff claims the defendant Harmony Dresses infringes.

I find from the evidence that similar dresses to the plaintiff's style were manufactured and sold before the plaintiff's alleged discovery, and that the style and design involved was and is in common use in the dress trade, long before...

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