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DELAMERE COMPANY v. TAYLOR-BELL CO.

249 F.Supp. 471 (1966)

DELAMERE COMPANY, Inc., Plaintiff, v. TAYLOR-BELL CO., Inc., Defendant, against F. W. Woolworth Company, Cross-Claim Defendant, against Charles C. Schwartz, Defendant and Counterclaim Defendant.

United States District Court S. D. New York.

January 4, 1966.

Attorney(s) appearing for the Case

Milton Pollack, New York City, for plaintiff; Francis E. Koch, New York City, and Hyman F. Glass, Alexandria, Va., of counsel.

Kenyon & Kenyon, New York City, by Ralph L. Chappell, New York City, of counsel, for defendant Taylor-Bell Co., Inc.

Davies, Hardy & Schenck, New York City, by Kenneth W. Greenawalt, New York City, of counsel, for defendant F. W. Woolworth Co.

Greer Marechal, Jr., New York City, for defendant Charles C. Schwartz.

BONSAL, District Judge.

Plaintiff, Delamere Company, Inc. (Delamere), a Delaware corporation, brings this action against Taylor-Bell Co., Inc. (Taylor-Bell), a New York corporation, for a declaratory judgment declaring that Taylor-Bell's patent No. 2,842,140 issued on July 8, 1958 is invalid and has not been infringed by Delamere, and that Delamere is not competing unfairly with Taylor-Bell. In addition, Delamere seeks damages against Taylor-Bell for its alleged malicious...

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