Paddies, Inc. v. Broadway Department Stores, Inc.

Involved here are two suits for infringement of Design Patent No. 144,-255, issued on March 26, 1946, to Pauline D. Ney on application filed December 7, 1945. The actions are based on complaints filed by Pauline D. Ney, as owner of the patent in suit and Paddies, Inc., as exclusive licensee thereunder. The charges of infringement are based upon the sale by defendants of certain ladies’ boudoir slippers, alleged by plaintiffs to infringe the design patent in suit. The accused device being the same in both suits the cases were consolidated for trial.

This design patent covers the design or pattern from which the slipper is made, the proportions of which are said to give the slipper distinctive qualities of comfort and fit. This basic pattern is used to create a wide range of styles by varying the materials, ornamentation and color. Thus, although the various styles differ in appearance in the above manner, each slipper is cut from dies embodying the shape of the patented, design.

Plaintiff, Pauline D. Ney, is principal owner and manager of Paddies, Inc., By her skill, imagination and efforts she has built Paddies from a spare time hobby into a thriving enterprise with retail…