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OLYMPIC KNITWEAR v. FLEETWOOD SPORTWEAR

39 F.Supp. 55 (1941)

OLYMPIC KNITWEAR, Inc., v. FLEETWOOD SPORTWEAR, Inc., et al.

District Court, S. D. New York.

March 25, 1941.

Attorney(s) appearing for the Case

Leonard M. Henkin, of New York City (Louis Schumacher, of New York City, of counsel), for plaintiff.

Levien, Singer & Neuburger, of New York City (John P. Chandler, of New York City, of counsel), for defendants.

CONGER, District Judge.

This is an action charging defendants with infringement of Design Letters Patent No. 118,957 and No. 118,958, both granted on February 13, 1940 to one Leon Goldsmith and by him subsequently assigned to the plaintiff.

The claim in both patents is for a new and original ornamental design for a sweater. Both plaintiff and the corporate defendant are in the business of manufacturing and selling sweaters.

The alleged infringing sweater...

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