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SHOE FORM CO. v. IRWIN CORPORATION

68 F.Supp. 618 (1946)

SHOE FORM CO., Inc., v. IRWIN CORPORATION.

District Court, S. D. New York.

October 22, 1946.

Attorney(s) appearing for the Case

Holland & Armstrong, of New York City, (Norman N. Holland, Frederick L. Edmands, and Dudley W. King, all of New York City, of counsel), for plaintiff.

Bernard Kovner, of New York City, (W. Lee Helms, of New York City, of counsel), for defendant.

RIFKIND, District Judge.

The complaint alleges infringement by the defendant of plaintiff's design patent and seeks an injunction and a judgment for damages and profits.

The case was tried to the court. The patent in issue is Des. 106968 "Design for a Box or similar article". The single claim reads, "I claim: The ornamental design for a box or similar article substantially as shown."

Fig. 2 is a section on the line 2—2 of Fig...

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