Bliss v. Gotham Industries, Inc.

316 F.2d 848 Charles O. BLISS, Charles O. Bliss and Beatrice Bliss, general partners of Blisscraft of Hollywood, a limited partnership, Appellants, v. GOTHAM INDUSTRIES, INC. and Morris Gottsegen, Appellees. No. 17795. United States Court of Appeals Ninth Circuit. March 21, 1963. 1 Lyon & Lyon, Los Angeles, Cal., for appellants. 2 Harris, Kiech, Russell & Kern, and Donald C. Russell, Los Angeles, Cal., for appellee Gotham Industries, Inc. 3 Before BARNES and HAMLIN, Circuit Judges, and FOLEY, Senior District Judge. 4 ROGER T. FOLEY, Senior District Judge. 5 In this action for infringement of Bliss Design Patent D-174,793, covering a design for a pitcher, joined with a claim of unfair competition, plaintiffs, the appellants here, appeal from the judgment of the District Court for the Southern District of California, Central Division holding invalid and not infringed the said patent and further holding that neither of the appellees have competed unfairly with the appellants. 6 The District Court had jurisdiction of appellants' first claim or cause of action by virtue of Title 28 U.S.C.A. § 1338 (a). 7 Judge Solomon, of the District Court of Oregon, sitting in the…