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BROWN v. MYERBERG

No. 62 Civ. 3653.

314 F.Supp. 939 (1970)

William S. BROWN, Trustee of the Bankrupt Estate of Eugene K. Barnes, Plaintiff, v. Michael MYERBERG and New Trends Associates, Inc., Defendants.

United States District Court, S. D. New York.

January 15, 1970.

Attorney(s) appearing for the Case

Sparrow & Sparrow, New York City, for plaintiff; Mark H. Sparrow, New York City, of counsel.

Ellis & Ellis, New York City, for defendants; Myron A. Ellis, New York City, of counsel.

OPINION

McLEAN, District Judge.

This action was begun on November 5, 1962 by Eugene K. Barnes, doing business as Shadows-Out Mirror Company, seeking a judgment declaring that United States Patent No. 3,059,103, issued on October 16, 1962 to defendant Myerberg on a "make-up mirror" is invalid and that it has not been infringed by a make-up mirror manufactured and sold by plaintiff. On June 2, 1964, the complaint was amended by stipulation to allege in substance...

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