Robert W. Brown & Co., Inc., Robert W. Brown and Olive W. Brown v. Leonard De Bell (Substituted for United States License Frame Mfg. Co.)

This is an appeal from a judgment for plaintiff in a suit for infringement of design patent No. D-167,878. The questions presented on appeal are whether the trial court erred in holding the patent valid, and in ruling that the patent had been infringed by appellants.

The design in question is for an automobile license plate holder. It was prepared by Joseph C. Bessolo early in 1948. Shortly thereafter, United States License Frame Mfg. Co., a partnership comprised of Bessolo and Leonard De Bell, began manufacturing and marketing license plate frames conforming to this design. A patent covering this design was issued to Bessolo on October 7, 1952. On the next day he assigned all rights under the patent to United States License Frame Mfg. Co.

United States License Frame Co. instituted this suit against Robert W. Brown & Co., Inc., Robert W. Brown, and the latter’s wife, Olive W. Brown, on November 19, 1953. Plaintiff company thereafter assigned all of its rights to Leonard De Bell, who was substituted as plaintiff, and is now the appellee.

A non jury trial resulted in a judgment for plaintiff. Defendants were adjudged to have infringed patent No. D-167,878, which patent was…