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CAT'S PAW RUBBER CO. v. JENCO

Civ. No. 9487.

87 F.Supp. 662 (1949)

CAT'S PAW RUBBER CO., Inc., v. JENCO et al.

United States District Court D. New Jersey.

December 15, 1949.

Attorney(s) appearing for the Case

McCarter, English & Studer, Newark, N. J. (Ward James Herbert, Newark, N. J., Cushman, Darby & Cushman, by C. Willard Hayes, Washington, D. C., Simon E. Sobeloff, Baltimore, Md., and John J. Darby, Washington, D. C., of counsel), for plaintiff.

Evans, Hand & Evans, by John W. Hand, Paterson, N. J. (Paul Kolisch and J. Pierre Kolisch, New York City, of counsel), for defendants.

FAKE, Chief Judge.

This is an action for unfair competition coupled with an action for alleged infringement of design patents issued to one Esterson, Dec. 25, 1934, Des. 94,125, and another issued August 12, 1941, Des. 128,817, both assigned to plaintiff.

The design in Des. 128,817 pertains to a rubber heel. Its outstanding feature is the drawing of two white disks depicted adjacent the outer rear edge of the heel. These white disks bear a design of concentric...

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