69 F.2d 264 | 5th Cir. | 1934
Curtiss Aeroear Company by its bill sought an account of profits from and an injunction against infringement by Harris & Schafer, Inc., of two patents, Nos. 85816 and 85815, covering designs for a trailer vehicle and a tow ear and trailer combination. An injunction was decreed, but no profits or damages. Harris & Schafer, Inc., appeals, contending mainly that complainant had no title to the patents, that the designs were not patentable, and that no infringement was shown.
The inventor, Glen H. Curtiss, died in July, 1930, and on January 8,1931, “Lena P. Curtiss, Executrix for the Estate of Glen H. Curtiss, deceased,” applied for patents, recording in the Patent Office her letters testamentary issued by the probate court in Florida. The letters patent, reciting that they were applied for by “Lena P. Curtiss, Executrix of Glen H. Curtiss, deceased, late of Country Club Estates, Florida,” are granted to “Lena P. Curtiss as Executrix, her successors or assigns.” Her assignments of
The designing of motorcar trailers is not an old field, and common observation leads us to say there has been much room for improvement in the art. The designs here are for trailers for personal occupancy,
Judgment affirmed.