Graff, Washbourne & Dunn v. Webster
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Eastern District of New York. Suit in equity by Graff, Washbourne & Dunn against Frederick H. Webster, and Hawley J'. Webster. Decree for complainants, and defendants appeal.
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Appeal from the Circuit Court of the United States for the Eastern District of New York. Suit in equity by Graff, Washbourne & Dunn against Frederick H. Webster, and Hawley J'. Webster. Decree for complainants, and defendants appeal. The decree of the Circuit Court held valid and infringed two design patents, granted to Charles Graff on May 18 and May 25, 1909, respectively, for a design for a dish and for a border section of a dish, preferably made of silver. ■ The opinion below is reported in 189' Fed. 902, where the designs are reproduced.
1Opinion of the Court
COXE, Circuit Judge.
The applications for the two patents in controversy were filed on the same day, March 15, 1909. The patent for dish is dated May 18, 1909, and the patent for the border is dated May 25, 1909—seven days thereafter. The design for the dish is represented by. the diagram attached to the patent. The drawing gives an inadequate and imperfect idea of the. design when applied to a *523silver dish, but is, perhaps, as satisfactory a reproduction as can he expected when it is remembered that it is confined to a drawing in black on white paper, where no allowance can be made for lights…
2Cases cited1 opinion
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
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