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D. KLEIN & SON, INC. v. GIANT UMBRELLA COMPANY

No. 71-C-4587.

341 F.Supp. 1400 (1972)

D. KLEIN & SON, INC., Plaintiff, v. GIANT UMBRELLA COMPANY, Inc., Defendant.

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

March 28, 1972.

Attorney(s) appearing for the Case

William R. Liberman, New York City, for plaintiff.

Brumbaugh, Graves, Donohue & Raymond, New York City, for defendant; by Francis J. Hone, Robert Neuner, New York City, of counsel.

CROAKE, District Judge.

MEMORANDUM

The keystone of this action is plaintiff's assertion of invalidity of design patent No. D.221,713, for an umbrella design issued to Phillip Kates, assignor to defendant, on August 31, 1971. Plaintiff seeks a declaratory judgment that the patent is invalid. Defendant has counterclaimed for patent infringement. Jurisdiction is based on federal patent laws. Title 35, U.S.C.

By this motion plaintiff seeks summary judgment...

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