Ramon Reachi and Cafe Candle Lite Mfg., Inc., a Corporation v. Jerome Edmond, Individually and Doing Business as General Wax and Candle Company

This infringement and unfair competition suit involving a design patent was brought by Ramon Reachi, owner of the patent, and Cafe Candle Lite Mfg., Inc., the exclusive licensee. The defendant, Jerome Edmond, doing business as General Wax and Candle Company, denied the allegations of infringement and unfair competition. He also challenged the validity of the patent. Judgment was entered in favor of plaintiff on the question of validity, and in favor of defendant on the questions of infringement and unfair competition. Plaintiff appeals.

The design patent in question, No. D-174,398, was issued on April 5, 1955, under the authority of 35 U.S.C.A. § 171 . The described design is for a candle-lamp, thereafter known in the trade as “Cafe Candle Lite Lamp.” The lamp made in this design is intended for use on hotel, restaurant, club, tavern, and tearoom tables. The accused design is also for a candle-lamp, known as an “Astra Lamp,” intended for similar use.

The cause was tried to a jury, but on the issue of unfair competition its verdict was to be advisory only. In response to interrogatories propounded by the trial court, the jury found that the patent was for a new and original…