Citations
- 69 F.2d 76
Full opinion text
L. HAND, Circuit Judge.
The plaintiff is the manufacturer of a confection of chocolate and sugar, used in making a kind of pudding, and sold in small cardboard boxes. The suit, which is founded upon diversity of citizenship, is to protect its make-up which the defendant is alleged to have copied. The boxes are about three and a ba¡£ inej^es high, three inches wide, and an inch and a half thick; they contain four ounces of the confection. The plaintiff’s pred-eeessor put out the earliest box in 1915 ; on its front were the words, “My-T-Fine,” printed in red; below, a black circle with a picture upon it of a French cook; below this, the word, “Chocolate,” also in red. The whole outside of the box was striped with white and green stiapes. re