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MARVIN GLASS & ASSOCIATES v. DE LUXE TOPPER CORPORATION

No. 67 Civ. 722.

284 F.Supp. 558 (1967)

MARVIN GLASS & ASSOCIATES and Ideal Toy Corporation, Plaintiffs, v. DE LUXE TOPPER CORPORATION and De Luxe Reading Corporation, Defendants.

United States District Court S. D. New York.

September 25, 1967.

Attorney(s) appearing for the Case

Amster & Rothstein, New York City, for plaintiffs; By George Gottlieb, New York City.

Breitenfeld & Levine, New York City, for defendants; By Alan H. Levine, New York City.

OPINION

BONSAL, District Judge.

Plaintiff Marvin Glass & Associates (Glass), the owner of Patent No. 3,298,692, "Game With Action Producing Components" (the patent), issued on January 17, 1967, and plaintiff Ideal Toy Corporation (Ideal), the exclusive licensee from Glass, sue the defendants, De Luxe Topper Corporation and De Luxe Reading Corporation, alleging that the game "Silly Safari," sold by the defendants, infringes the patent. The game "Mouse...

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