National Binding Mach. Co. v. Larkin Co.
Court of Appeals for the Second Circuit
• Appeal from the District Court of the United States for the Western District of New York. Suit in equity by the National Binding Machine Company against the Larkin Company. Decree for defendant, and complainant appeals. The plaintiff is a corporation existing under the laws of the' state of Maine and has its principal place of business in New York City.
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• Appeal from the District Court of the United States for the Western District of New York. Suit in equity by the National Binding Machine Company against the Larkin Company. Decree for defendant, and complainant appeals. The plaintiff is a corporation existing under the laws of the' state of Maine and has its principal place of business in New York City. The defendant is a corporation existing under the laws of the state of West Virginia and having its established place of business in the city of Buffalo, in the state of New York. On April 25, 1907, Earl L. Brownson, of Allston, Mass., filed…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). This suit is brought for an alleged infringement of tape-moistening machines, sometimes called binding machines, and sometimes gummed tape machines. The plaintiff claims to have been a pioneer in building up during the past several years a new industry in the use of gummed tape as a substitute for string, cord, sealing wax, glue, and the like for sealing packages in the retail, wholesale, and manu Eactured trades; and at the present time shipments of small merchandise, whether by freight or express, are almost wholly in fiber cartons, sealed with these…
2Cases cited5 opinions
- Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
- Dunbar v. MyersSupreme Court of the United States · 1876
- Miehle Printing Press & Mfg. Co. v. Whitlock Printing Press & Mfg. Co.Court of Appeals for the Second Circuit · 1915
- National Binding Mach. Co. v. James D. McLaurin Co.U.S. Circuit Court for the District of Southern New York · 1911
- National Binding Mach. Co. v. EislerDistrict Court, S.D. New York · 1912
3Cited by3 opinions
- Better Packages, Inc. v. L. Link & Co.Court of Appeals for the Second Circuit · 1935
- National Binding Mach. Co. v. Harper Paper Co.Court of Appeals for the Second Circuit · 1917
- Pierce Wrapping Mach. Co. v. Terkelsen Mach. Co.District Court, D. Massachusetts · 1924