Pie Patent

The Esquimo Pie Corp. (bars of chocolate-covered ice-cream) challenged Honeymoon Pie Corp. (bars of chocolate-covered ice-cream) on its right to exist. Esquimo sued for damages, alleging that Honeymoon had infringed on its 1921 patent. In Brooklyn, N. Y., last week, Federal Judge Marcus B. Campbell announced that unpatented Honeymoon pies could continue to compete with patented Esquimo pies. Explained Judge Campbell: Ice cream and candy had been coated with chocolate long before 1921 (for example, chocolate creams). In 1907, one Val Miller had written a book in which he told how to make "cannonballs," a confection differing in shape only from Esquimo pies (rectangles). "I can see no invention in merely changing the shape."

This was a surprise to many a person who had believed Christian K. Nelson of Onawa, Iowa, inspired. A college son of a village candy-store-keeper, he turned millionaire soon after his 1921 patent for Esquimo pies.